L  B 


UC-NRLF 


$B    20    737 


GIFT   OF 


School  Latv  of 
South  Carolina 


Hundred  and 


ISSUED  BY  O.  B.  MARTIN 
State  Superintendent  of  Education 


SCHOOL  LAW 

of 

SOUTH  CAROLINA 

1906 


PREPARED  BY  O.  B.  MARTIN 

STATE  SUPERINTENDENT  OF  EDUCATION 


Constitutional  Provisions,  J906 
ARTICLE  XL 

EDUCATION. 

SECTION  1.  The  supervision  of  public  instruction  shall  be  vested  in 
a  State  Superintendent  of  Education,  who  shall  be  elected  for  the 
term  of  two  years  by  the.  qualified  electors  of  the  State,  in  such  man- 
ner and  at  such  time  as  the  other  State  officers  are  elected ;  his  pow- 
ers, duties  and  compensation  shall  be  defined  by  the  General  Assem- 
bly. 

Si  c.  2.  There  shall  be  a  State  Board  of  Education,  composed  of 
the  Governor,  the  State  Superintendent  of  Education,  and  not  ex- 
ceeding seven  persons  to  be  appointed  by  the  Governor  every  four 
years,  of  which  Board  the  Governor  shall  be  Chairman,  and  the 
State  Superintendent  of  Education,  Secretary.  This  Board  shall 
have  the  regulation  of  examination  of  teachers  applying  for  certifi- 
cates of  qualification,  and  shall  award  all  scholarships,  and  have  such 
other  powers  and  duties  as  may  be  determined  by  law.  The  travel- 
ing expenses  of  the  persons  to  be  appointed  shall  be  provided  for  by 
the  General  Assembly. 


380090 


SEC.  3.  The  General  Assembly  shall  make  provision  for  the  elec- 
tion or  appointment  of  all  other  necessary  school  officers,  and  shall 
define  their  qualifications,  powers,  duties,  compensation  and  terms  of 
office. 

SEC.  4.  The  salaries  of  the  State  and  County  school  officers  and 
compensation  of  County  Treasurers  for  collecting  and  disbursing 
school  moneys  shall  not  be  paid  out  of  the  school  funds,  but  shall 
be  otherwise  provided  for  by  the  General  Assembly. 

SEC.  5.  The  General  Assembly  shall  provide  for  a  liberal  system 
of  free  public  schools  for  all  children  between  the  ages  of  six  and 
twenty-one  years,  and  for  the  division  of  the  Counties  into  suitable 
school  districts,  as  compact  in  form  as  practicable,  having  regard  to 
natural  boundaries,  and  not  to  exceed  forty-nine  nor  be  less  than  nine 
square  miles  in  area:  Provided,  That  in  cities  of  ten  thousand  in- 
habitants and  over,  this  limitation  of  area  shall  not  apply :  Provided, 
further,  That  when  any  school  district  laid  out  under  this  Section 
shall  embrace  cities  or  towns  already  organized  into  special  school 
districts  in  which  graded  school  buildings  have  been  erected  by  the 
issue  of  bonds,  or  by  special  taxation,  or  by  donation,  all  the  territory 
included  in  said  school  district  shall  bear  its  just  proportion  of  any 
tax  that  may  be  levied  to  liquidate  such  bonds  or  support  the  public 
schools  therein :  Provided,  further,  That  nothing  in  this  Article  con- 
tained shall  be  construed  as  a  repeal  of  the  laws  under  which  the 
several  graded  school  districts  of  this  State  are  organized.  The 
present  division  of  the  Counties  into  school  districts  and  the  provi- 
sions of  law  now  governing  the  same  shall  remain  until  changed  by 
the  General  Assembly. 

SEC.  6.  The  existing  County  Boards  of  Commissioners  of  the 
several  Counties,  or  such  officer  or  officers  as  may  hereafter  be 
vested  with  the  same  or  similar  powers  and  duties,  shall  levy  an 
annual  tax  of  three  mills  on  the  dollar  upon  all  the  taxable  property 
in  their  respective  Counties,  which  tax  shall  be  collected  at  the  same 
time  and  by  the  same  officers  as  the  other  taxes  for  the  same  year, 
and  shall  be  held  in  the  County  treasury  of  the  respective  Counties ; 
and  the  said  fund  shall  be  apportioned  among  the  school  districts  of 
the  County  in  proportion  to  the  number  of  pupils  enrolled  in  the 
public  schools  of  the  respective  districts,  and  the  officer  or  officers 
charged  by  law  with  making  said  apportionment  shall  notify  the 
Trustees  of  the  respective  school  districts  thereof,  who  shall  expend 
and  disburse  the  same  as  the  General  Assembly  may  prescribe.  The 


General  Assembly  shall  define  "enrollment/'  Not  less  than  three 
Trustees  for  each  school  district  shall  be  selected  from  the  qualified 
voters  and  taxpayers  therein,  in  such  manner  and  for  such  terms  as 
the  General  Assembly  may  determine,  except  in  cases  of  special 
school  districts  now  existing,  where  the  provisions  of  law  now  gov- 
erning the  same  shall  remain  until  changed  by  the  General  Assembly : 
Provided,  The  manner  of  the  selection  of  said  Trustees  need  not  be 
uniform  throughout  the  State.  There  shall  be  assessed  on  all  taxa- 
ble polls  in  the  State  between  the  ages  of  twenty-one  and  sixty  years 
(excepting  Confederate  soldiers  above  the  age  of  fifty  years),  an 
annual  tax  of  one  dollar  on  each  poll,  the  proceeds  of  which  tax  shall 
be  expended  for  school  purposes  in  the  several  school  districts  in 
which  it  is  collected.  Whenever  during  the  three  next  ensuing 
fiscal  years  the  tax  levied  by  the  said  County  Boards  of  Commis- 
sioners or  similar  officers  and  the  poll  tax  shall  not  yield  an  amount 
equal  to  three  dollars  per  capita  of  the  number  of  children  enrolled 
in  the  public  schools  of  each  County  for  the  scholastic  year  ending 
the  thirty-first  day  of  October  in  the  year  eighteen  hundred  and 
ninety-five,  as  it  appears  in  the  report  of  the  State  Superintendent  of 
Education  for  said  scholastic  year,  the  Comptroller  General  shall, 
for  the  aforesaid  three  next  ensuing  fiscal  years,  on  the  first  day  of 
each  of  said  years,  levy  such  an  annual  tax  on  the  taxable  property  of 
the  State  as  he  may  determine  to  be  necessary  to  make  up  such 
deficiency,  to  be  collected  as  other  State  taxes,  and  apportion  the 
same  among  the  Counties  of  the  State  in  proportion  to  the  respective 
deficiencies  therein.  The  sum  so  apportioned  shall  be  paid  by  the 
State  Treasurer  to  the  County  Treasurers  of  the  respective  Counties, 
in  proportion  to  the  respective  deficiencies  therein,  on  the  warrant  of 
the  Comptroller  General,  and  shall  be  apportioned  among  the  school 
districts  of  the  Counties,  and  disbursed  as  other  school  funds ;  and 
from  and  after  the  thirty-first  day  of  December,  in  the  year  eighteen 
hundred  and  ninety-eight,  the  General  Assembly  shall  cause  to  be 
levied  annually  on  all  the  taxable  property  of  the  State  such  a  tax. 
in  addition  to  the  said  tax  levied  by  the  said  County  Boards  of  Com- 
missioners or  similar  officers,  and  poll  tax  above  provided,  as  may  be 
necessary  to  keep  the  schools  open  throughout  the  State  for  such 
length  of  time  in  each  scholastic  year  as  the  General  Assembly  may 
ribe ;  and  said  tax  shall  be  apportioned  among  the  Counties  in 
proportion  to  the  deficiencies  therein  and  disbursed  as  other  school 


funds.  Any  school  district  may  by  the  authority  of  the  General 
Assembly  levy  an  additional  tax  for  the  support  of  its  schools. 

SEC.  7.  Separate  schools  shall  be  provided  for  children  of  the 
white  and  colored  races,  and  no  child  of  either  race  shall  ever  be 
permitted  to  attend  a  school  provided  for  children  of  the  other  race. 

SEC.  8.  The  General  Assembly  may  provide  for  the  maintenance 
of  Clemson  Agricultural  College,  the  University  of  South  Carolina, 
and  the  Winthrop  Normal  and  Industrial  College,  a  branch  thereof, 
as  now  established  by  law,  and  may  create  scholarships  therein ;  the 
proceeds  realized  from  the  land  scrip  given  by  the  Act  of  Congress 
passed  the  second  day  of  July,  in  the  year  eighteen  hundred  and 
sixty-two,  for  the  support  of  an  agricultural  college,  and  any  lands 
or  funds  which  have  'hereto-fore  been  or  may  hereafter  be  given  or 
appropriated  for  educational  purposes  by  the  Congress  of  the  United 
States,  shall  be  applied  as  directed  in  the  Acts  appropriating  the 
same :  Provided,  That  (the  General  Assembly  shall,  as  soon  as  practi- 
cable, wholly  separate  Claflin  College  from  Claflin  University,  and 
provide  for  a  separate  corps  of  professors  and  instructors  therein, 
representation  to  be  given  to  men  and  women  of  the  negro  race ;  and 
it  shall  be  the  Colored  Normal,  Industrial,  Agricultural  and  Mechan- 
ical College  of  this  State. 

SEC.  9.  The  property  or  credit  of  the  State  of  South  Carolina,  or 
of  any  County,  city,  town,  township,  school  district  or  other  subdivi- 
sion of  the  said  State,  or  any  public  money,  from  whatever  source 
derived,  shall  not,  by  gift,  donation,  loan,  contract,  appropriation,  or 
otherwise,  be  used,  directly  or  indirectly,  in  aid  or  maintenance  of 
any  college,  school,  'hospital,  orphan  house,  or  other  institution, 
society  or  organization,  of  whatever  kind,  which  is  wholly  or  in  part 
under  the  direction  or  control  of  any  church  or  of  any  religious  or 
sectarian  denomination,  society  or  organization. 

SEC.  10.  All  gifts  of  every  kind  for  educational  purposes,  if  ac- 
cepted by  the  General  Assembly,  shall  be  applied  and  used  for  the 
purposes  designated  by  the  giver,  unless  the  same  be  in  conflict  with 
the  provisions  of  this  Constitution. 

SEC.  11.  All  gifts  to  the  State  where  the  purpose  is  not  designated, 
all  escheated  property,  the  net  assets  or  funds  of  all  estates  or  copart- 
nerships in  the  hands  of  the  Courts  of  the  State  where  there  have 
been  no  claimants  for  the  same  within  the  last  seventy  years,  and 
other  money  coming  into  the  Treasury  of  the  State  by  reason  of  the 
twelfth  Section  of  an  Act  entitled  "An  Act  to  provide  a  mode  of 


distribution  of  the  moneys  as  direct  tax  from  the  citizens  of  this 
State  by  the  United  States  in  trust  to  the  State  of  South  Carolina," 
approved  the  twenty- fourth  day  of  December,  in  the  year  eighteen 
hundred  and  ninety-one,  together  with  such  other  means  as  the  Gene- 
ral Assembly  may  provide,  shall  be  securely  invested  as  the  State 
School  Fund,  and  the  annual  income  thereof  shall  be  apportioned  by 
the  General  Assembly  for  the  purpose  of  maintaining  the  public 
schools. 

SEC.  12.  All  the  net  income  to  be  derived  by  the  State  from  the 
sale  or  license  for  the  sale  of  spirituous,  malt,  vinous  and  intoxicating 
liquors  and  beverages,  not  including  so  much  thereof  as  is  now  or 
may  hereafter  be  allowed  by  law  to  go  to  the  Counties  and  municipal 
corporations  of  the  State,  shall  be  applied  annually  in  aid  of  the 
supplementary  taxes  provided  for  in  the  sixth  Section  of  this  Article ; 
and  if  after  said  application  there  should  be  a  surplus,  it  shall  be 
devoted  to  public  school  purposes,  and  apportioned  as  the  General 
Assembly  may  determine :  Provided,  however,  That  the  said  supple- 
mentary taxes  shall  only  be  levied  when  the  net  income  aforesaid 
from  the  sale  or  license  for  the  sale  of  alcoholic  liquors  or  beverages 
are  not  sufficient  to  meet  and  equalize  the  deficiencies  for  which  the 
said  supplementary  taxes  are  provided. 

*  *  *  ##  *  #  *  *  #  * 

Done  in  Convention  in  Columbia,  on  the  fourth  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  ninety-five. 

JOHN  GARY  EVANS,  President  of  the  Convention. 

IRA  B.  JONES,  Vice-President  of  the  Convention. 

\V.  JASPER  TALBERT,  Vice-President  of  the  Convention. 
Attest :  S.  W.  VANCE,  Secretary  of  the  Convention. 


Code  of  Laws  of  South  Carolina,  J  902 

SEC.  1174.  The  State  Superintendent  of  Education  shall  be  elected 
at  each  general  election,  in  the  same  manner  as  other  State  officers, 
and  shall  enter  upon  the  duties  of  his  office  at  the  time  prescribed  by 
law.  Before  entering  upon  the  duties  of  his  office,  he  shall  give 
bond,  for  the  use  of  the  State  of  South  Carolina,  in  the  penal  sum  of 
five  thousand  (5,000)  dollars,  with  good  and  sufficient  sureties,  to  be 
approved  by  the  Governor,  conditioned  for  the  faithful  and  impartial 
performance  of  the  duties  of  his  office ;  and  he  shall  also,  at  the  time 
of  giving  bond,  take  and  subscribe  the  oath  prescribed  in  Section  26. 
of  Article  III.,  of  the  Constitution  of  the  State,  which  shall  be  en- 
dorsed upon  the  back  of  said  bond ;  and  the  bond  shall  be  filed  with 
the  Secretary  of  State,  and  by  him  recorded,  and  when  so  recorded, 
shall  be  filed  with  the  State  Treasurer.  The  Superintendent  of 
Education  shall  receive  as  compensation  for  his  services  the  sum  of 
nineteen  hundred  dollars  per  annum,  payable  monthly  out  of  the 
State  Treasury;  and  'his  traveling  expenses,  not  exceeding  three 
hundred  dollars,  shall  be  paid  out  of  the  State  Treasury  upon  duly 
itemized  accounts  rendered  by  him. 

SEC.  1175.  He  shall  have  general  supervision  over  all  the  schools 
of  the  State  supported  in  whole  or  in  part  from  the  public  school 
funds,  and  it  shall  be  his  duty  to  visit  every  County  in  the  State  as 
often  as  practicable  for  the  purpose  of  inspecting  the  schools,  awak- 
ening an  interest  favorable  to  the  cause  of  education,  and  diffusing 
as  widely  as  possible,  by  public  addresses  and  personal  communica- 
tions with  school  officers,  teachers  and  parents,  a  knowledge  of  exist- 
ing defects  and  of  desirable  improvements  in  the  government  and 
instruction  of  the  said  schools.  He  shall  secure,  by  and  with  the 
advice  of  the  State  Board  of  Education,  uniformity  in  the  use  of 
text-books  throughout  the  free  public  schools  of  the  State,  and  shall 
forbid  the  use  of  sectarian  or  partisan  books  and  instruction  in  said 
schools.  He  shall  prepare  and  transmit  to  the  several  County  Su- 
perintendents of  Education,  school  registers,  blank  certificates,  re- 
ports and  such  other  suitable  blanks,  forms  and  printed  instructions 
as  may  be  necessary  to  aid  school  officers  and  teachers  in  making 
their  reports  and  carrying  into  full  effect  the  various  provisions  of 
the  school  laws  of  this  State ;  and  shall  cause  the  law  relating  to  the 


free  public  schools,  with  such  rules,  regulations,  forms  and  instruc- 
tions as  shall  be  legally  prescribed,  to  be  printed,  together  with  a 
suitable  index,  in  pamphlet  form,  at  the  expense  of  the  State;  and  he 
shall  cause  copies  of  the  same  to  be  transmitted  to  the  several  County 
Superintendents  of  Education  for  distribution.  He  shall  collect  in 
his  office  such  school  books,  apparatuses,  maps  and  charts  as  can  be 
obtained.  He  may  certify  copies  of  all  papers  filed  in  his  office,  and 
such  certified  copies  shall  be  competent  evidence  thereof. 

SEC.  llTfr.  He  shall  make  a  report,  through  the  Governor  to  the 
General  Assembly  at  each  regular  session  thereof,  showing :  1st.  The 
whole  number  of  pupils  registered  in  and  the  number  enrolled  as 
hereinafter  defined  in  the  free  common  schools  of  this  State  during 
the  year  ending  the  thirtieth  day  of  the  last  preceding  June,  and  the 
number  in  each  County  registered  in  and  the  number  enrolled  as 
hereinafter  defined  during  the  same  period.  2d.  The  number  of 
whites  and  the  number  of  colored,  of  each  sex,  attending  the  said 
schools.  3d.  The  number  of  free  schools  in  the  State.  4th.  The 
number  of  pupils  studying  each  of  the  branches  taught.  5th.  The 
average  wages  paid  to  teachers  of  each  sex,  and  to  the  principals  of 
schools  "nd  departments  in  said  schools.  6th.  The  number  of  school 
houses  erected  during  the  year,  and  the  location,  material  and  cost 
thereof.  7th.  The  number  previously  erected,  and  the  material  of 
their  construction,  and  their  condition  and  value,  and  the  number 
with  the  grounds  enclosed.  8th.  The  Counties  in  which  Teachers' 
Institutes  were  held,  and  the  number  attending  the  Institutes  in  each 
O  unity.  9th.  Such  other  statistical  information  as  he  may  deem 
important,  together  with  such  plans  as  he  may  have  matured  and  the 
State  Board  of  Education  may  have  recommended  for  the  manage- 
ment and  improvement  of  the  school  fund  and  for  the  more  perfect 
organization  and  efficiency  of  the  free  public  schools.  All  State 
institutions  of  lug-her  learning  shall  make  an  annual  report  on  or 
:  e  the  first  day  of  September  of  each  year  to  the  State  Superin- 
tendent of  Kducntion.  embracing  a  detailed  account  of  the  opera- 
tions of  such  institutions,  including  the  expenditure  of  the  public 
moneys  for  the  current  scholastic  year,  which  reports  the  State 
Superintendent  of  Education  shall  include  in  his  annual  report  to 
the  Legislature.  All  Acts  or  parts  of  Acts  requiring  annual  reports 
to  be  made  to  other  authorities  are  hereby  repealed. 

SEC.  1177.  The  sum  of  nine  hundred  dollars  shall  be  allowed  to  the 


8 

Superintendent  of  Education  for  the  purpose  of  defraying  the  ex- 
penses of  clerk  hire  in  his  office. 

SEC.  1178.  The  State  Treasurer  shall  take  and  hold  in  trust  for  the 
State  any  grant  or  devise  of  lands  and  any  gift  or  bequest  of  money, 
or  other  personal  property  made  to  him  for  educational  purposes,  all 
gifts  to  the  State  where  'the  purpose  is  not  designated,  all  escheated 
property,  the  net  assets  or  funds  of  all  estates  or  copartnerships  in  the 
hands  of  the  Courts  of  the  State  where  there  have  been  no  claimants 
for  the  same  within  the  last  seventy  years,  and  other  money  coming 
into  the  Treasury  of  the  State  by  reason  of  the  twelfth  Section  of  an 
Act  entitled  "An  Act  to  provide  a  mode  of  distribution  of  the  moneys 
as  direct  tax  from  the  citizens  of  this  State  by  the  United  States  in 
trust  'to  the  State  of  South  Carolina,"  approved  the  twenty-fourth 
day  of  December,  in  the  year  eighteen  hundred  and  ninety-one, 
together  with  such  other  means  as  the  General  Assembly  may  pro- 
vide. The  State  Treasurer  shall  from  time  to  time  invest  in  bonds 
of  this  State  or  of  the  United  States  all  such  money  in  the  name  of 
the  State,  as  a  permanent  State  school  fund,  and  shall  pay  out  the 
income  derived  therefrom  to  the  County  or  the  Counties  of  the  State 
as  the  same  may  be  apportioned  among  said  Counties  by  the  State 
Board  of  Education :  Provided,  That  no  disposition  shall  be  made  of 
any  property,  grant,  devise,  gift,  or  bequest,  inconsistent  with  the 
purposes,  conditions  or  terms  thereof.  For  the  faithful  management 
of  all  property  so  received  by  the  State  Treasurer,  he  shall  be  respon- 
sible upon  his  bond  to  the  State  as  for  other  funds  received  by  him  in 
his  official  capacity:  Provided,  however,  That  the  Trustees  of  any 
school  district  ef  this  State  may  take  and  hold  in  trust  for  their 
particular  school  district  any  property  granted,  devised,  given  or 
bequeathed  to  such  school  district,  and  apply  the  same  in  the  interest 
of  the  schools  of  their  district  in  such  manner  as  in  their  judgment 
seems  most  conducive  to  the  welfare  of  the  schools  when  not  other- 
wise directed  by  the  terms  of  the  grant,  devise,  gift  or  bequest :  And 
Provided,  further,  That  before  said  Trustees  shall  assume  control  of 
any  grant,  devise,  gift  or  bequest  they  shall  give  a  bond,  to  be  ap- 
proved by  the  County  Board  of  Education  of  the  County  in  which 
such  grant,  devise,  gift  or  bequest  is  made,  conditioned  for  the  faith- 
ful discharge  of  the  trust  reposed  in  them  in  respect  to  said  property, 
which  bond  shall  be  deposited  with  the  Clerk  of  the  Court  of  said 
County.  The  said  Trustees  are  (hereby  invested  with  the  care  and 
custody  of  all  school  houses  or  other  school  property  belonging  to 


9 

their  school  districts,  with  full  power  to  control  the  same  in  such 
manner  as  they  may  think  will  best  subserve  the  interest  of  the  free 
public  schools  and  the  cause  of  education. 

SEC.  1179.  The  State  Superintendent  of  Education  shall  discharge 
such  other  duties  as  may  be  provided  by  law ;  and  he  shall  deliver  to 
his  successor,  within  ten  days  after  the  expiration  of  his  term  of 
office,  all  books,  papers,  documents  and  other  property  belonging  to 
his  office. 

SEC.  1180.  In  case  a  vacancy  occurs  in  the  office  of  State  Super- 
intendent of  Education,  from  any  cause,  such  vacancy  shall  be  filled 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  the  person  so  appointed  shall  qualify  within  fifteen  days  from 
the  date  of  such  appointment,  or  else  the  office  shall  be  deemed 
vacant.  If  the  vacancy  occur  during  the  recess  of  the  Senate,  the 
Governor  shall  fill  the  same  by  appointment  until  the  Senate  can  act 
thereon. 

SEC.  1181.  The  Governor,  the  Superintendent  of  Education,  and 
seven  persons,  one  from  each  Congressional  District,  to  be  appointed 
by  the  Governor,  who  shall  hold  office  for  four  years,  and  until  their 
successors  may  be  appointed,  unless  sooner  removed  by  the  Gover- 
nor, shall  constitute  the  State  Board  of  Education.  Of  this  Board 
the  Governor  shall  be  ex  officio  Chairman,  and  the  State  Superin- 
tendent of  Education  shall  be  Secretary  of  the  Board.  The  Secre- 
tary shall  be  custodian  of  its  records,  papers  and  effects,  and  shall 
keep  minutes  of  its  proceedings;  and  said  records,  papers  and 
minutes  shall  be  kept  in  the  office  of  the  State  Superintendent  of 
Education  and  shall  be  open  to  inspection  by  the  public. 

Si.c.  1182.  The  said  Board  shall  meet  on  the  call  of  its  Chairman, 
or  upon  the  request  of  a  majority  of  its  members,  at  the  office  of 
the  State  Superintendent  of  Education,  or  at  such  other  place  as  may 
be  designated  in  the  call.  A  majority  of  the  Board  shall  constitute 
a  quorum  for  transacting  business.  The  official  seal  of  the  State 
Superintendent  of  Education  shall  be  used  for  the  authentication  of 
the  acts  of  the  State  Board.  The  members  of  the  State  Board  of 
Education  appointed  by  the  Governor  shall  receive  as  compensation 
the  same  mileage  and  per  diem  as  is  provided  for  members  of  the 
General  Assembly,  not  exceeding  twenty  days  in  any  one  year. 

SEC.  1183.  The  State  Board  of  Education  shall  constitute  an  ad- 
visory body,  with  whom  the  State  Superintendent  of  Education  shall 
have  the  right  to  consult  when  he  is  in  doubt  as  to  his  official  duty ; 


10 

and  shall  have  power  to  review  on  appeal  all  decisions  of  the  County 
Boards  of  Education,  as  hereinafter  provided  for.  Appeals  to  the 
State  Board  of  Education  must  be  made  through  the  County  Boards 
of  Education,  in  writing,  and  must  distinctly  set  forth  the  question 
of  law  as  well  as  the  facts  of  the  case  upon  -which  'the  appeal  is  taken, 
and  the  decision  of  the  State  Board  shall  be  final  upon  the  matter 
at  issue. 

SEC.  1184.  The  State  Board  of  Education  shall  have  power:  1st. 
To  adopt  rules  and  regulations  not  inconsistent  with  the  laws  of  the 
State  for  its  own  government  and  for  the  government  of  the  free 
public  -schools. 

State  ex  rel  Williams  v.  Hiers,  51  S.  C.,  388 ;  29  S.  E.,  89. 

2d.  To  prescribe  and  enforce  rules  for  the  examination  of  teachers. 
3d.  To  prescribe  a  standard  of  proficiency  before  County  Boards  of 
Education  which  will  entitle  persons  examined  by  such  boards  to 
certificates  as  teachers.  4th.  To  prescribe  and  enforce  the  course 
of  study  in  the  free  public  schools.  5th.  To  prescribe  and  to  enforce, 
as  far  as  practicable,  the  use  of  a  uniform  series  of  text-books  in  the 
free  public  schools  of  the  State ;  to  enter  into  an  agreement  with  the 
publishers  of  the  'books  prescribed,  fixing  the  time  of  prescription 
and  the  price  above  which  the  books  shall  not  be  retailed  during  the 
period  of  prescription,  and  a  rate  of  discount  at  not  less  than  which 
the  books  shall  be  furnished  to  the  retail  dealers  in  this  State;  to 
require  the  publishers,  in  the  discretion  of  the  Board,  to  establish  in 
each  County  one  or  more  depositories  of  their  books  within  the  State, 
at  such  place  or  places  as  the  Board  may  designate,  and  where  such 
books  may  be  obtained  without  delay ;  and  to  exact  of  the  publishers 
a  bond  in  the  sum  of  not  more  than  five  thousand  dollars  conditioned 
for  the  faithful  performance  of  the  agreement,  and  with  a  penalty 
of  twenty-five  dollars  for  each  violation  of  the  agreement,  the  form 
and  execution  of  the  bond  to  be  approved  by  the  Attorney  General 
of  the  State,  which  agreement  and  bond  shall  be  deposited  with  the 
State  Treasurer,  all  recoveries  thereon  to  go  into  the  State  Treasury 
for  school  purposes :  Provided,  That  the  State  Board  of  Education 
shall  not  have  power,  without  permission  of  the  General  Assembly 
of  the  State,  to  change  a  text-book  within  five  (5)  years  from  the 
date  of  its  adoption,  except  for  violation  of  the  agreement  entered 
into  by  its  publisher  with  the  State  Board  of  Education,  for  which 
cause  it  may  be  changed  by  the  said  Board ;  and  it  shall  be  unlawful 


11 

for  any  teacher  drawing  public  school  money  to  use  any  book  not 
prescribed  by  the  State  Board  of  Education  without  the  consent,  in 
writing',  of  said  Board.  6th.  To  grant  State  teachers'  certificates  and 
to  revoke  them  for  immoral  or  unprofessional  conduct,  profanity  or 
evident  unfitness  for  teaching.  7th.  To  review  on  appeal  an  order  re- 
voking a  County  certificate :  Provided,  That  no  certificate  be  required 
of  examination  or  proficiency  from  any  applicant  for  teachers  in  city 
schools  of  Charleston  having  diplomas  from  the  Memminger  Normal 
School  in  the  city  of  Charleston,  whether  regular  or  extra  teachers, 
but  they  shall  be  alone  subjected  to  such  examinations  and  conditions 
as  may  be  required  by  the  Board  of  Commissioners  of  the  city  public 
schools  of  Charleston.  8th.  To  award  scholarships  created  by  the 
General  Assembly  in  the  institutions  of  learning  supported  in  whole 
or  in  part  by  the  State. 

SEC.  1185.  No  child  shall  be  counted  in  the  enrollment  more  than 
once,  nor  in  more  than  one  School  District  in  any  one  school  year, 
and  the  school  officer  charged  with  the  duty  of  enrollment  wilfully 
violating  this  provision  shall  be  guilty  of  a  misdemeanor.  The 
teacher  or  principal  of  every  school  shall  keep  and  furnish  annually 
to  the  Trustees  of  the  School  District  a  list  of  all  pupils  that  have 
attended  the  school  during  the  preceding  scholastic  year,  showing 
the  names  of  the  pupils,  their  respective  places  of  residence,  and  the 
number  of  days  each  pupil  has  attended,  which  list  shall  be  certified 
to  the  County  Board  of  Education  by  said  Trustees  on  or  before  the 
1st  day  of  August  in  every  year. 

SKC.  1186.  At  the  expiration  of  the  terms  of  office  of  the  School 
Commissioners  of  the  several  Counties  of  the  State,  there  shall  be 
elected  by  the  qualified  electors  of  the  County  a  County  Superin- 
tendent of  Education  for  each  County,  who  shall  hold  his  office  for 
the  term  of  two  years  and  until  his  successor  is  elected  and  qualified 
He  shall,  before  being  commissioned  and  entering  upon  the  duties 
of  his  office,  give  bond  to  the  State,  for  the  use  of  the  County  in 
which  he  is  elected,  for  educational  purposes,  in  the  penal  sum  of 
one  thousand  dollars,  with  good  and  sufficient  sureties  to  be  approved 
by  the  County  Board  of  Commissioners,  conditioned  for  the  faithful 
and  impartial  discharge  of  the  duties  of  his  office,  and  shall  take  and 
subscribe  the  oath  of  office  prescribed  in  Section  26,  Article  III.,  of 
the  Constitution  of  this  State,  which  he  shall  file  in  the  office  of  the 
Secretary  of  State.  When  commissioned  he  shall  immediately  enter 
upon  the  discharge  of  his  duties.  His  failure  to  qualify  within  thirty 


12 

days  after  notice  of  his  election  shall  create  a  vacancy:  Provided. 
The  bond  of  the  Superintendent  of  Education  for  Saluda  County, 
which  has  a  large  reserve  school  fund,  shall  be  five  thousand  dollars. 

SEC.  1187.  The  State  Board  of  Education  shall  fill  all  vacancies 
in  the  office  of  County  Superintendent  of  Education  for  the  unex- 
pired  term. 

Sec.  1188.  It  shall  be  the  duty  of  each  County  Superintendent  of 
Education  to  visit  the  schools  in  his  County  at  least  once  in  each 
year,  and  oftener  if  practicable,  and  to  note  the  course  and  method 
of  instruction  and  the  branches  taught,  and  to  give  such  recommen- 
dation in  the  art  of  teaching  and  the  method  thereof  in  each  school 
as  shall  be  necessary,  so  that  uniformity  in  the  course  of  studies 
and  method  of  instruction  employed  shall  be  secured  as  far  as  prac- 
ticable in  the  schools  of  the  several  grades,  respectively.  He  shall 
acquaint  himself  as  far  as  practicable  with  the  character  and  condi- 
tion of  each  school,  noting  any  deficiencies  that  may  exist,  either  in 
the  government  of  the  school -or  the  classification  of  its  pupils  or  the 
method  of  instruction  employed  in  the  several  branches,  and  shall 
make  such  suggestions  in  private  to  the  teachers  as  to  him  shall 
appear  necessary  to  the  good  order  of  the  school  and  the  progress 
of  the  pupils.  He  shall  note  the  character  and  condition  of  the 
school  houses,  the  sufficiency  or  insufficiency  of  the  furniture,  and 
shall  make  such  suggestions  to  the  several  Boards  of  Trustees  as  in 
his  opinion  shall  seem  conducive  to  the  comfort  and  progress  of  the 
several  schools.  It  shall  be  the  duty  of  each  County  Superintendent 
of  Education  to  aid  the  teachers  in  all  proper  efforts  to  improve 
themselves  in  their  profession.  For  this  purpose  he  shall  encourage 
the  formation  of  associations  of  teachers  for  common  improvement 
and  conduct  teachers'  institutes.  He  shall  attend  the  meetings  of 
such  associations  and  give  such  advice  and  instruction  in  regard  to 
their  conduct  and  management  as  in  his  judgment  will  contribute 
to  their  greater  efficiency. 

SEC.  1189.  The  County  Superintendent  of  Education  shall  attend 
the  annual  settlement  of  the  County  Treasurer  with  the  Comptroller 
General.  Within  ten  days  after  the  County  Treasurer  makes  his 
monthly  report  to  the  County  Superintendent  of  Education,  showing 
the  amount  of  money  collected  'by  him  since  his  last  monthly  report, 
it  shall  be  the  duty  of  the  County  Superintendent  of  Education  to 
apportion  the  money  arising  from  a  tax  on  property  as  shown  by 
the  Treasurer's  report  among  the  School  Districts  of  his  County, 


13 

and  to  certify  -such  apportionments  to  the  County  Treasurer,  together 
with  the  poll  tax  belonging  to  each  district  as  shown  by  said  report ; 
and  it  shall  be  the  duty  of  the  County  Treasurer  to  enter  upon  his 
book  to  the  credit  of  each  School  District  the  amount  due  each  dis- 
trict according  to  such  certificate  of  apportionment,  and  the  County 
Treasurer  shall  pay  out  the  money  belonging  to  their  respective  dis- 
tricts, upon  the  school  warrants  of  such  districts,  duly  signed  and 
countersigned  by  the  school  authorities,  for  that  scholastic  year  in 
the  order  of  their  presentation,  provided  that  there  be  no  outstanding 
claims  of  the  previous  scholastic  year ;  and  the  Comptroller  General 
shall  receive  the  warrants  thus  paid  as  proper  vouchers  in  the  hands 
of  the  County  Treasurer. 

See  Criminal  Code  for  penalty  for  violation  of  this  Section. 

SEC.  1190.  The  annual  report  of  the  County  Board  of  Education 
shall  contain  the  complete  statistics  of  all  schools  within  his  County 
supported  in  whole  or  in  part  from  the  public  funds,  as  may  be  re- 
quired of  him  by  the  State  Superintendent  of  Education. 

SEC.  1191.  The  County  Superintendent  of  Education  shall  make 
an  annual  report  of  all  claims  filed,  audited  and  allowed  and  ordered 
paid  by  him  during  each  fiscal  year  to  the  presiding  Judge  at  the 
third  term  of  the  Court  of  General  Sessions  for  his  County,  which 
shall  be  held  after  the  first  day  of  January  in  each  year,  to  be  sub- 
mitted by  said  Judge  to  the  grand  jury  for  their  examination.  After 
examination,  the  grand  jury  shall  report  thereon  to  the  presiding 
Judge  any  matter  growing  out  of  or  pertaining  to  said  annual  report 
which  to  them  may  seem  worthy  of  the  attention  of  the  Court.  The 
said  report  shall  thereupon  be  filed  by  the  Clerk  of  said  Court  and 
kept  as  papers  of  said  Court,  for  inspection  by  any  citizen  desirous 
of  examining  the  same. 

SEC.  1192.  The  County  Board  of  Commissioners  of  each  County 
are  authorized  and  required  to  furnish  the  County  Board  of  Educa- 
tion of  their  County  with  a  comfortable  and  convenient  office  and 
suitable  office  furniture,  and  to  supply  said  office  with  fuel,  lights, 
stationery,  postage  and  such  other  incidentals  as  are  necessary  to  the 
proper  transaction  of  the  legitimate  business  of  his  office. 

SEC.  1193.  It  shall  be  the  duty  of  the  County  Superintendent  of 
Education,  on  or  before  the  fifteenth  day  of  July  in  each  year,  to 
report  to  the  County  Treasurer,  by  School  Districts,  all  school  claims 
approved  by  him  for  the  school  year  last  preceding,  and  the  County 
Treasurer  shall  thereupon  close  their  school  accounts  for  that  year. 


14 

carrying  over  any  balance  to  the  credit  of  -each  School  District  of  the 
then  current  fiscal  year. 

SEC.  1194.  The  County  Superintendent  of  Education  shall  keep  a 
register  of  all  claims  approved  by  him  and  of  such  other  matters 
as  the  State  Superintendent  of  Education  shall  require  of  him,  and 
in  the  form  prescribed  by  the  State  Superintendent. 

SEC.  1195.  The  County  Superintendent  of  Education  shall  furnish 
the  School  Trustees  of  his  County  with  copies  of  the  reports  made 
to  him  by  the  County  Auditor  and  County  Treasurer  as  to  the  per- 
sons listed  and  paying  poll  tax,  and  shall  aid  the  Trustees  in  making 
all  proper  'corrections. 

SEC.  1196.  The  County  Superintendents  of  Education  shall  keep 
in  their  office  a  die,  in  a  circular  form,  upon  the  centre  of  which 
•shall  be  engraved,  in  capital  letters,  the  word  "seal,"  and  on  the  cir- 
cumference the  proper  words  indicating  the  office,  which  shall  be 
regarded  as  the  seal  of  the  office,  and  which  the  County  Superin- 
tendent of  Education  shall  be  required  to  impress  upon  all  papers 
issued  from  his  office,  and  affix  his  name  to  such  paper.  And  it  shall 
be  the  duty  of  the  County  Board  of  Commissioners  in  each  County 
to  furnish  the  County  Superintendent  of  Education  of  their  respect- 
ive Counties  with  such  seal. 

It  is  not  necessary  that  claims  approved  by  him  be  also  under  his 
official  seal.— State  v.  Morton,  51  S.  C.,  323 ;  28  S.  E.,  945. 

SEC.  1197.  That  the  County  Superintendents  of  Education  of  the 
various  Counties  of  this  State  shall  receive  annual  salaries  as  follows : 
Abbeville  County,  six  hundred  dollars ;  Aiken  County,  six  hundred 
dollars ;  Anderson  County,  seven  hundred  and  fifty  dollars  ;  Bamberg 
County,  five  dollars;  Barnwell  'County,  five  hundred  dollars; 
Beaufort  County,  four  hundred  dollars ;  Chester  County,  six  hun- 
dred dollars ;  Berkeley  County,  three  hundred  dollars ;  Charleston 
County,  nine  hundred  dollars;  Chesterfield  County,  four  hundred 
dollars ;  Cherokee  County,  five  hundred  dollars ;  Clarendon  County, 
six  hundred  and  twenty-five  dollars ;  Colleton  County,  five  hundred 
dollars ;  Darlington  County,  six  hundred  dollars  ;  Dorchester  County, 
four  hundred  dollars ;  Edgefield  County,  six  hundred  dollars ;  Fair- 
field  County,  five  hundred  dollars ;  Florence  County,  eight  hundred 
dollars ;  Georgetown  County,  six  hundred  dollars  ;  Greenville  County, 
six  hundred  dollars ;  Greenwood  County,  six  hundred  dollars  ;  Hamp- 
ton County,  five  hundred  and  fifty  dollars ;  Horry  County,  four  hun- 


15 

dred  dollars;  Kershaw  County,  five  hundred  dollars;  Lancaster 
County,  six  hundred  dollars;  Laurens  County,  six  hundred  dollars; 
Lexington  County,  six  hundred  dollars;  Lee  County,  five  hundred 
dollars  ;  Marion  County,  eight  hundred  dollars ;  Marlboro  County, 
six  hundred  dollars ;  Newberry  County,  six  hundred  and  fifty  dollars ; 
Oconee  County,  five  hundred  dollars;  Orangeburg  County,  eight 
hundred  and  fifty  dollars;  Pickens  County,  five  hundred  dollars; 
Richland  County,  twelve  hundred  dollars ;  Saluda  County,  four  hun- 
dred and  fifty  dollars ;  Spartanburg  County,  twelve  hundred  dollars ; 
Sumter  County,  eight  hundred  dollars ;  Union  County,  five  hundred 
dollars ;  Williamsburg  County,  six  hundred  dollars ;  York  County, 
seven  hundred  and  fifty  dollars. 

SEC.  1198.  In  Abbeville,  Marlboro,  Chester,  Lexington,  Union  and 
York  Counties,  they  shall  receive  annually,  in  addition  'to  the  salaries 
mentioned  in  the  last  Section,  one  hundred  dollars,  and  in  Laurens 
County,  fifty  dollars,  for  traveling  expenses ;  and  in  every  other 
County  of  the  State  they  shall  receive  annually,  in  addition  to  their 
salaries,  such  sum  as  may  be  necessary  to  pay  the  actual  expenses 
incurred  by  them  in  attending  meetings  called  for  the  purpose  of 
advancing  the  educational  interests,  and  for  the  purpose  of  visiting 
schools  in  other  Counties  in  order  to  become  familiar  with  their 
management  and  mode  of  teaching :  Provided,  That  no  such  account 
shall  be  approved  in  favor  of  any  County  Superintendent  of  Educa- 
tion until  such  Superintendent  of  Education  shall  have  furnished  the 
County  Board  of  Education  with  an  itemized  statement,  under  oath, 
of  the  expenses  incurred :  And  Provided,  further,  That  in  no  case 
shall  the  expenses  exceed  one  hundred  dollars,  to  be  paid  on  the 
warrant  of  the  County  Board  of  Education.  His  claim  for  services 
and  expenses  shall  be  presented  in  the  form  of  an  account  against 
the  County  Board  of  Education,  and  shall  be  verified  by  affidavit  to 
the  effect  that  said  account  is  just  and  true;  that  the  service  therein 
named  was  honestly  and  faithfully  rendered,  and  that  the  sum  therein 
claimed  is  rightfully  due  and  remains  unpaid.  When  said  account 
shall  have  been  duly  audited  and  approved  by  the  County  Board  of 
Kilucatiun.  it  shall  be  filed  with  the  County  Treasurer,  who  shall  pay 
the  same  ratably  out  of  the  funds  apportioned  to  the  several  School 
Districts  in  proportion  to  the  average  number  of  children  attending 
the  free  public  schools  in  each  School  District. 

The  Act  of  1899,  Sec.  1197,  held  not  to  repeal  Sec.  1057  of  the 


16 

Revised  Statutes  of  1893,  contained  in  this  Section  1198.— Houser  v. 
Orangeburg  Co.,  59  S.  C.,  265 ;  -    -  S.  E. 

SEC.  1199.  There  shall  be  a  County  Board  of  Education  in  each 
County,  composed  of  three  members,  one  of  whom  shall  be  the 
County  Superintendent  of  Education,  and  fine  other  two  shall  be 
appointed  by  the  State  Board  of  Education  at  its  regular  meeting  in 
April,  1897,  and  every  two  years  thereafter,  who  shall  hold  their 
office  for  a  term  of  two  years  from  the  time  of  their  appointment 
and  until  their  successors  shall  be  appointed  and  qualified,  unless 
sooner  removed  by  the  State  Board  of  Education. 

SEC.  1200.  The  County  Board  of  Education  shall  examine  all  can- 
didates for  the  position  of  teacher,  and  give  to  each  person  found 
qualified  a  certificate,  setting  forth  the  branches  of  learning  he  or 
she  may  be  capable  of  teaching,  and  the  percentage  attained  in  each 
branch ;  said  certificate  to  be  valid  for  a  term  of  two  years  unless 
sooner  revoked,  and  it  may  be  renewed  with  or  without  examina- 
tion, at  the  discretion  of  the  Board,  all  of  which  shall  be  done  under 
such  regulations  as  the  State  Board  of  Education  may  prescribe. 
No  teacher  shall  be  employed  in  any  of  the  free  public  schools  with- 
out a  certificate  from  the  County  Board  of  Education  or  the  State 
Board  of  Education :  Provided,  That  no  examination  as  to  quali- 
fication shall  be  made  in  the  case  of  any  applicant  who  produces  a 
full  diploma  from  any  chartered  college  or  university  of  this  State 
or  Memminger  Normal  School  of  Charleston,  and  furnishes  satis- 
factory evidence  of  good  moral  character:  Provided,  further,  That 
the  State  Board  of  Education  shall  examine  into  the  curriculum 
standing,  faculty  and  equipment  of  each  institution,  and  see  that  it 
is  doing  real  college  work,  before  certificates  may  be  issued  on  its 
diploma.  The  two  members  of  the  Board  appointed  by  the  State 
Board  of  Education  shall  receive  for  the  services  rendered  by  them 
compensation  at  the  rate  of  three  dollars  per  diem  for  not  exceeding 
seven  days  in  each  year,  and  mileage  of  five  cents  for  each  mile  of 
necessary  travel,  the  same  to  be  paid  by  the  County  Board  of  Com- 
missioners out  of  the  ordinary  County  funds. 

SEC.  1200a.  The  members  of  the  County  Boards  of  Education  of 
the  various  Counties  of  the  State,  appointed  by  the  State  Board  of 
Education,  shall  each  receive  as  a  compensation  for  their  service  the 
sum  of  three  dollars  for  each  day  necessarily  employed  and  five  cents 
per  mile  for  each  mile  necessarily  traveled  in  the  public  service ;  the 


17 

number  of  days  charged  for  in  any  one  year  not  to  exceed  seven : 
Provided,  That  in  all  Counties  of  more  than  fifty  thousand  popula- 
tion, according  to  the  United  States  Census  of  1900,  said  members 
shall  receive  compensation  herein  fixed  for  not  less  than  seven  days 

I  nor  more  than  twenty  days,  in  the  discretion  of  the  County  Superin- 
tendent of  Education. 
SEC.  1201.  It  shall  be  the  duty  of  the  County  Board  of  Education 
and  the  Boards  of  Trustees  hereinafter  provided  for  to  see  that  in 
every  school  under  their  care  there  shall  be  taught,  as  far  as  practi- 
cable, orthography,  reading,  writing,  arithmetic,  geography,  English 
grammar,  the  elements  of  agriculture,  history  of  the  United  States 
and  this  State,  the  principles  of  the  Constitution  of  the  United  States 
and  this  State,  morals  and  good  behavior,  algebra,  physiology  and 
hygiene,  and  especially  as  to  the  effects  of  alcoholic  liquors  and  nar- 
cotics upon  the  human  sysiem,  English  literature,  and  such  other 
branches  as  the  State  Board  may  from  time  to  time  direct. 

SEC.  1202.  The  County  Boards  of  Education  of  the  several  Coun- 
ties of  this  State  shall  levy  an  annual  tax  of  three  mills  on  the  dollar 
upon  all  the  taxable  property  in  their  respective  Counties,  which  tax 
shall  be  collected  at  the  same  time  and  by  the  same  officers  as  the 
other  taxes  for  the  same  year,  and  shall  be  held  in  the  County  Trea- 
sury of  the  respective  Counties,  and  on  the  first  day  of  July  of  each 
year,  or  as  soon  as  practicable  thereafter,  the  said  fund  shall  be 
apportioned  by  the  said  County  Boards  respectively  among  the 
School  Districts  of  their  respective  Counties  in  proportion  to  the 
number  of  pupils  enrolled  in  the  puiblic  schools  of  such  School  Dis- 
tricts ;  and  the  said  County  Boards  shall  ascertain  the  amount  of  poll 
taxes  collected  in  and  for  each  School  District  of  their  respective 
Counties,  and  shall  notify  the  County  Treasurer  and  the  Trustees  of 
each  School  District  of  the  amount  of  poll  taxes,  as  well  as  of  the 
amount  of  the  aforesaid  fund  apportioned  by  them  to  each  School 
District. 

The  school  funds  of  each  School  District  shall  be  distributed  and 
expended  by  the  Board  of  Trustees  for  the  best  interests  of  the 
School  District,  according  to  the  judgment  of  the  Board  of  Trustees, 
on  their  warrant  approved  by  the  County  Superintendent  of  Educa- 
tion. For  the  purpose  of  said  apportionment  pupils  shall  not  be 
deemed  enrolled  until  after  an  attendance  of  at  least  ten  school  days 
during  the  preceding  scholastic  year. 


18 

Mandamus  will  not  issue  to  compel  approval  of  warrant  where 
the  funds  in  Treasury  are  insufficient  to  pay  it.  —  State  ex  rel.  Wil- 
liams v.  Hiers,  51  S.  C.,  388  ;  29  S.  E.,  89  ;  State  ex  rel  Bryson  v. 
Danielt  52  S.  C.,  201  ;  29  S.  E.,  633.  The  power  of  the  County 
Superintendent  is  also  discretionary,  and  mandamus  therefore  is  not 
the  proper  remedy.  The  remedy  is  given  in  next  Section.  State  v. 
Hiers,  supra. 


1203.  The  County  Board  of  Education  shall  constitute  an 
advisory  body,  with  whom  the  County  Superintendent  of  Education 
shall  have  the  right  to  consult  when  he  is  in  doubt  as  to  his  official 
duty,  and  also  a  tribunal  for  determining  any  matter  of  local  con- 
troversy in  reference  to  the  construction  or  administration  of  the 
school  laws,  with  the  power  to  summon  witnesses  and  take  testimony 
if  necessary,  and  when  they  'have  made  a  decision  said  decision  shall 
be  binding  upon  the  parties  to  the  controversy  :  Provided,  That  either 
of  the  parties  shall  have  the  right  to  appeal  to  the  State  Board  of 
Education,  and  said  appeal  shall  be  made  through  the  County  Board 
oi  Education  in  writing,  and  shall  distinctly  set  forth  the  question 
in  dispute,  tne  decision  of  the  County  Board  and  the  testimony  as 
agreed  upon  by  the  parties  to  the  controversy,  or,  if  they  fail  to  agree, 
upon  the  testimony  as  reported  by  the  County  Board. 

State  ex  rel  Williams  v.  Hiers,  51  S.  C.,  388  ;  29  S.  E.,  89. 

SEC.  1204.  The  County  Board  of  Education  shall  meet  for  the 
purpose  of  examining  applicants  for  teachers'  certificates,  and  the 
transaction  of  other  business,  at  least  twice  a  year,  at  such  places  and 
at  such  times  as  the  State  Board  of  Education  shall  appoint.  The 
County  Superintendent  shall  be  Chairman  and  Clerk  of  the  Board, 
and  shall  keep  a  fair  record  of  their  proceedings,  and  register  of  the 
name,  age,  sex,  color,  residence  and  date  of  certificate  of  each  person 
to  whom  a  certificate  is  issued,  and  in  case  the  certificate  be  cancelled 
shall  make  a  proper  entry  of  the  same.  The  Board  shall  have  power 
to  revoke  any  certificate  granted  by  them,  for  immoral  or  improper 
conduct,  or  evident  unfitness  for  teaching.  The  Board  shall  hold  as 
many  additional  meetings  during  the  year  as  the  interest  of  the  free 
-public  schools  of  the  County  may  require,  subject  to  regulations  pre- 
scribed by  the  State  Board  of  Education. 

SEC.  1205.  The  County  Boards  of  Education  shall  divide  their 
Counties  into  convenient  School  Districts,  as  compact  in  form  as 


19 

practicable,  having  regard  to  natural  boundaries,  and  not  to  exceed 
forty-nine  nor  be  less  than  nine  square  miles  in  area,  and  sihall  alter 
the  lines  thereof,  and  create  additional  School  Districts  from  time  to 
time  as  the  interests  of  the  schools  may,  in  their  judgment,  demand: 
Provided,  That  no  new  School  District  shall  be  erected  by  said 
County  Board  of  Education,  except  upon  the  petition  of  at  least  one- 
third  of  the  qualified  electors  embraced  within  the  limits  of  such 
proposed  School  District:  Provided,  further,  That  no  School  District 
shall  be  consolidated  except  upon  a  petition  of  at  least  one-third  of 
the  qualified  voters  of  the  School  District  proposed  to  be  consoli- 
dated:  Provided,  further,  Whenever  territory  embraced  in  two  or 
more  Counties  is  proposed  to  be  formed  into  one  School  District,  the 
same  may  be  formed  by  the  joint  action  of  the  Board  of  Education 
<>f  the  respective  Counties  as  herein  provided  for  the  formation  of 
School  Districts  in  a  County :  Provided,  That  in  cities  of  ten  thousand 
inhabitants  and  over,  this  limitation  of  area  shall  not  apply :  Provided 
further.  That  when  any  School  District  laid  out  under  this  Section 
shall  embrace  cities  or  towns  already  organized  into  Special  School 
Districts,  in  which  graded  school  buildings  have  been  erected  by  the 
issue  of  bonds,  or  by  special  taxation,  or  by  donation,  all  the  territory 
included  in  said  School  District  shall  bear  its  just  proportion  of  any 
tax  that  may  be  levied  to  liquidate  such  bonds  or  support  the  public 
schools  therein.  The  present  division  of  the  Counties  into  School 
Districts  shall  remain  until  changed  by  the  County  Boards  of  Educa- 
tion. The  County  Boards  of  Education  are  authorized  and  em- 
powered to  make  contracts  for  the  purpose  of  dividing  their  Counties 
into  proper  School  Districts,  and  to  provide  for  the  payment  of  the 
expenses  thereof  out  of  the  school  funds  of  the  County.  Every  School 
District  now  organized,  or  to  be  hereafter  organized,  in  pursuance  of 
this  Section,  is  and  shall  be  a  body  politic  and  corporate,  by  the  name 
and  style  of  School  District  No. (such  number  as  may  be  desig- 
nated by  the  County  Board  of  Education),  of  -  County  (the 

name  of  the  County  in  which  the  district  is  situated),  the  State  of 
South  Carolina ;  and  in  that  name  may  sue  and  be  sued,  and  be  capa- 
ble of  contracting  and  being  contracted  with  to  the  extent  of  their 
school  fund,  and  holding  such  real  and  personal  estate  as  it  may  come 
im<>  posession  of,  by  will  or  otherwise,  or  as  is  authorized  by  law  to 
i>e  purchased,  all  of  which  shall  be  used  exclusively  for  school  pur- 
ses. 


20 

As  to  the  authority  of  Trustees,  see  State  v.  Bacon,  21  S.  C.,  120 ; 
9  S.  E.,  765.  School  District  not  necessary  party  to  suit  on  County 
Treasurer's  bond  for  misappropriating  school  funds. — Aiken  County 
v.  Murray,  35  S.  C.,  508 ;  14  S.  E.,  954. 

SEC.  1206.  Each  School  District  shall  be  under  the  management 
and  control  of  the  Board  of  Trustees  hereinafter  provided  for,  sub- 
ject to  the  supervision  of  the  County  Board  of  Education. 

SEC.  1207.  The  School  Districts  of  the  several  Counties  of  the 
State  are  hereby  made  and  declared  to  be  tlhe  divisions  of  the  Coun- 
ties for  taxation  for  all  school  purposes. 

SEC.  1208.  The  voters  or  electors  of  any  School  District,  who 
return  real  or  personal  property  for  taxation,  are  authorized  to  levy 
and  collect  an  annual  tax,  to  (supplement  any  special  or  other  con- 
stitutional or  other  tax  for  like  purposes,  in  following  manner :  upon 
the  written  petition  or  request  of  at  least  one-third  of  the  resident 
electors  and  a  like  proportion  of  the  resident  freeholders  of  the  age 
of  twenty-one  years,  being  filed  with  the  County  Board  of  Educa- 
tion, asking  -for  the  same,  and  stating  the  rate  of  tax  levy  proposed, 
which  shall  not  exceed  four  mills.  The  said  County  Board  of  Edu- 
cation shall  order  the  Board  of  Trustees  of  said  School  District  to 
hold  an  election  at  some  place  within  the  district,  at  any  time  during 
any  fiscal  year,  after  giving  notice  of  the  time  and  place  thereof  in 
some  newspaper  published  within  the  County  and  by  posting  notice 
thereof  in  at  least  three  public  places  within  such  School  District, 
for  two  weeks,  unless  there  foe  no  newspaper  published  within  the 
County,  in  which  event  the  posting  of  the  notices  as  above  shall  suffice. 
At  which  said  election  only  such  electors  as  return  real  or  personal' 
property  for  taxation,  and  who  exhibit  their  tax  receipts  and  regis- 
tration certificates  as  required  in  general  elections,  shall  be  allowed' 
to  vote.  At  said  election  the  Board  of  Trustees  shall  act  as  Man- 
agers, and  the  election  shall  'be  conducted  as  is  provided  by  law  for  the 
conduct  of  general  elections.  At  said  election,  each  elector  favoring 
the  proposed  levy  s'hall  cast  a  'ballot  containing  the  word  "Yes," 
printed  or  written  thereon,  and  each  elector  opposed  to  said  levy 
shall  cast  a  ballot  containing  the  word  "No,"  printed  or  written 
thereon.  Within  ten  days  after  such  election,  if  the  majority  of 
those  voting  shall  vote  for  such  levy,  the  Board  of  Trustees  shall 
furnish  the  County  Auditor  with  a  statement  of  the  amount  so  levied, 
and  the  Auditor  shall  enter  the  same  in  1ihe  tax  duplicates  ;  and  he  shalT 


21 

annually,  each  year  thereafter,  enter  said  amount  in  the  tax  dupli- 
cates until  the  same  is  increased,  decreased,  or  repealed  by  said  tax- 
payers, at  election  called  for  that  purpose,  ait  any  time  during  any 
fiscal  year,  and  he  is  notified  that  the  same  has  'been  increased,  de- 
creased, or  repealed ;  and  if  increased  or  decreased,  he  shall  annually 
enter  it  as  before ;  which  election  shall  be  called  and  notice  given  in 
the  same  way  and  manner  as  is  herein  provided  for  the  calling  of 
meetings  to  make  the  levy  and  the  giving  of  notice  that  it  has  been 
made;  and  the  County  Treasurer  shall  collect  the  same  as  other 
County  and  State  taxes  :  Provided,  That  any  tax  which  may  be  levied, 
increased,  decreased  or  repealed,  after  October  1st  in  any  fiscal  year, 
shall  not  take  effect  until  the  next  succeeding  fiscal  year.  Such  levy- 
shall  be  a  lien  on  the  property  in  such  School  District,  which  shall 
be  subject  thereto  in  case  of  default  of  payment.  Said  tax  so  col- 
lected shall  be  paid  out  by  the  County  Treasurer  upon  warrants 
drawn  by  the  Board  of  Trustees,  countersigned  by  the  County  Super- 
intendent of  Education :  Provided,  That  any  surplus  of  such  levy 
remaining  in  the  hands  of  the  County  Treasurer  at  the  expiration 
of  any  fiscal  year  shall  be  paid  out  as  other  school  funds  of  the 
district.  Each  taxpayer,  when  he  pays  any  tax  for  school  purposes 
voted  under  the  provision  of  this  Section,  shall  have  the  right  to 
designate  to  which  school  in  said  School  District  he  wishes  the  money 
paid  by  him  to  go ;  and  the  Treasurer  shall  keep  a  note  of  such  desig- 
nation, and  the  money  shall  be  applied  as  thus  designated.  When  no 
designation  is  made  by  the  taxpayer  at  the  time  of  such  payment, 
the  money  shall  be  expended  as  other  school  funds  in  such  districts : 
Provided,  That  nothing  herein  contained  shall  be  construed  to  change 
the  manner  now  provided  by  law  for  the  collection  and  paying  out 
of  special  taxes  in  any  School  District  now  established  by  any  Special 
Act  of  the  General  Assembly  and  organized  thereunder. 

Proceedings  to  levy  tax ;  taxpayer  participating  estopped  to  deny 
regularity,  &c. — Martin  v.  School  District  of  Laurens,  57  S.  C.,  125 ; 
35  S.  E.,  517. 

SEC.  1209.  Whenever  it  shall  happen  that  by  reason  of  the  location 
of  Special  School  Districts  portions  of  two  adjacent  Counties  should 
for  convenience  be  included  in  one  School  District,  the  County 
Hoards  of  Education  of  such  Counties  an.'  hereby  authorized  and 
directed  in  joint  conference  to  make  such  regulations  as  will  enable 
such  sections  to  be  established  into  a  separate  School  District. 


22 

SEC.  1210.  Each  County  Board  of  Education,  on  the  first  Tuesday 
of  July,  1905,  and  on  the  first  Tuesday  in  July  two  years  thereafter, 
shall  appoint  for  each  School  District  in  their  County  three  School 
Trustees,  from  the  qualified  electors  and  taxpayers  residing  in  the 
district,  who  shall  hold  their  office  for  two  years,  and  until  their 
successors  are  appointed  and  qualified,  unless  sooner  removed  by  the 
County  Board  of  Education.  The  County  Board  of  Education  shall 
have  power  to  fill,  from  time  to  time,  all  vacancies  in  the  Board  of 
Trustees.  The  School  Trustees  shall  meet  as  a  Board  as  soon  and 
as  often  as  practicable,  and  after  having  been  appointed  and  qualified, 
at  such  place  as  may  be  most  convenient  in  the  district.  At  their 
first  meeting  they  shall  organize  by  electing  one  of  their  number 
Chairman  of  the  Board,  who  shall  preside  at  the  official  meetings 
of  the  Board,  and  another  Clerk  of  the  Board,  who  shall  record  their 
proceedings  in  a  book  provided  for  that  purpose.  Each  member  of 
the  Board  of  Trustees  shall  be  duly  notified  of  all  meetings  of  the 
Board  by  the  Clerk  of  the  Board :  Provided,  That  the  foregoing  pro- 
visions of  this  'Section  shall  not  apply  to  Special  and  Graded  School 
Districts  created  toy  special  Acts;  but  that  the  Trustees  and  School 
Commisioners  of  all  Special  and  Graded  School  Districts  shall  remain 
the  same  in  numiber,  and  shall  be  elected  or  appointed  in  the  same 
manner,  and  s'hall  hold  the  office  for  the  same  time  as  is  provided  for 
in  the  respective  special  Acts ;  except  that  in  the  Special  School  Dis- 
tricts where  the  Trustees,  or  their  successors,  are  appointed  by  the 
State  Superintendent  of  Education  under  the  provisions  of  the  spe- 
cial Acts,  the  Trustees  shall  hold  office  until  the  first  Tuesday,  in  July, 
1905,  on  which  day,  and  on  the  same  day  every  two  years  thereafter, 
the  Trustees  s'hall  be  elected  by  the  qualified  electors  of  such  School 
District:  Provided,  That  Special  School  Districts  having  a  popula- 
tion of  not  less  than  five  thousand  inhabitants,  and  in  which  the 
Boards  are  not  fixed  by  special  or  specific  legislation,  may  elect,  on 
the  second  Tuesday  in  January,  1904,  or  on  the  second  Tuesday  in 
January  of  any  alternate  year  thereafter,  nine  Trustees,  to  constitute 
a  Board  in  their  respective  districts :  Provided,  further,  That  three 
of  the  said  Trustees  to  be  elected  at  said  election  shall  serve  for  a 
term  of  two  years,  three  for  a  term  of  four  years,  and  three  for  a 
term  of  six  years,  the  term  of  each  Trustee  to  be  determined  by  lot 
in  the  presence  of  the  County  Board  of  Education  ;  and  on  the  second 
Tuesday  of  January  every  two  years  thereafter,  three  Trustees  shall 
be  elected  to  serve  for  a  term  of  six  years.  The  election  of  all  Trus- 


23 

tees  for  all  such  School  Districts  shall  be  by  ballot,  and  shall  be 
conducted  under  the  supervision  of  three  qualified  electors  residing 
within  the  district,  who  shall  be  appointed  by  the  County  Board  of 
Education,  at  least  ten  days  prior  to  the  holding  of  the  election.  The 
Managers  shall  report  the  result  of  the  election  to  the  County  Board 
of  Education,  within  ten  days  thereafter,  which  Board  shall  com- 
mission the  Trustees  so  elected.  The  Board  of  Trustees  of  each 
Special  or  Graded  School  District  shall  elect  from  their  number  a 

I  Chairman,  who  shall  preside  at  their  meetings,  and  a  Secretary,  or 
Secretary  and  Treasurer,  who  shall  record  the  proceedings  of  the 
Board,  and  who  shall  keep  a  full  and  accurate  account  of  all  moneys 
received  and  expended,  showing  the  source  and  disposition  of  each 
item,  and  who  shall  make  a  complete  itemized  report  of  the  receipts 
and  disbursements  of  each  scholastic  year  to  the  County  Superin- 
tendent of  Education,  on  or  before  the  15th  day  of  July  of  each  year. 
The  books  and  vouchers  of  the  Secretary  and  Treasurer  shall  be  open 
at  all  times  to  inspection  by  the  public :  Provided,  further,  That  upon 
the  petition  of  one-third  of  the  qualified  electors  of  School  District 
No.  13,  in  Abbeville  County,  filed  with  the  County  Superintendent  of 
Education,  on  or  before  the  first  day  of  June  in  any  year,  when 
School  Trustees  are  to  be  appointed,  the  County  Board  of  Education 
shall  order  an  election  to  elect  the  Trustees  for  School  District  No. 
13  in  the  manner  herein  provided  for  in  the  election  of  Trustees  of 
Special  School  Districts. 

ISEC.  1211.  The  Board  of  Trustees  in  each  School  District  shall 
take  the  management  and  control  of  the  local  educational  interests 
of  the  same,  and  shall  visit  each  School  District  at  least  once  in  every 
school  term,  and  shall  be  subject  to  the  supervision  and  orders  of  the 
County  Board  of  Education. 


State  C.Y  ret.  Bryson  v.  Daniel,  52  S.  C,  201 ;  29  S.  E.,  633. 

SKC.  121  •>.  The  Board  of  Trustees  shall  hold  a  regular  session  in 
their  School  Districts  at  least  two  weeks  before  the  commencement 
of  any  or  every  school  term  for  the  transaction  of  any  and  all  business 
necessary  to  the  prosperity  of  the  schools,  with  power  to  adjourn 
fn  m  time  to  time  and  to  hold  special  meetings  at  any  time  or  place 
when  called  upon  by  the  Chairman  or  any  two  members  of  the  Board. 

SEC.  1213.  The  School  Trustees  of  the  several  School  Districts 
are  authorized  and  empowered  to  sell  any  school  property,  real  or 
personal,  in  their  School  Districts  whenever  they  deem  it  expedient 


24 

to  do  so,  and  to  apply  the  proceeds  of  sale  or  sales  to  the  school  fund 
of  the  district  wherein  such  sale  is  made :  Provided,  That  the  consent 
of  the  County  Board  of  Education  be  first  obtained  by  the  Trustees 
desiring  to  make  such  sale.  That  it  shall  'be  the  duty  of  the  said 
Board  of  Trustees,  within  thirty  days  after  said  sale,  to  enclose  a 
report  of  the  same  to  the  County  Board  of  Education,  setting  forth 
the  terms  and  amount  of  said  sale. 

SEC.  1214.  When  it  shall  so  happen  that  persons  are  so  situated  as 
to  be  better  accommodated  at  the  school  of  an  adjoining  School  Dis- 
trict, whether  special  or  -otherwise,  the  Board  of  Trustees  of  the 
School  District  in  which  such  persons  reside  may  transfer  such  per- 
sons for  education  to  the  School  District  in  which  such  school  is 
located ;  and  the  Trustees  of  the  School  District  Where  the  school  is 
located  shall  receive  such  persons  into  the  school  as  though  they 
resided  within  the  district :  Provided,  That  children  shall  not  be  trans- 
ferred from  a  School  District  in  one  County  to  a  School  District  in 
an  adjoining  County  without  the  consent  of  the  Board  of  Education 
of  the  respective  Counties  in  which  the  transfer  is  made :  Provided, 
further,  That  if  any  taxpayer  pays  taxes  in  two  or  more  Counties, 
he  shall  'have  the  right  to  send  his  children  to  the  school  of  any  one 
of  said  Counties. 

For  directions  as  to  enrollment,  see  Sec.  1185,  ante. 

SEC.  1215.  Each  school  teacher  shall  make  out  and  file  with  the 
Clerk  of  the  Board  of  Trustees,  at  the  expiration  of  each  school 
month,  a  full  and  complete  report  of  the  whole  number  of  pupils 
admitted  to  the  school  during  each  month,  distinguishing  between 
male  and  female,  the  average  attendance,  the  branches  taught,  the 
number  of  pupils  engaged  in  studying  each  of  said  branches,  and 
such  statistics  as  he  or  she  may  be  required  to  make  by  the  County 
Board  of  Education :  Provided,  That  whenever  a  teacher  is  unavoid- 
ably prevented  from  filing  said  report  at  the  expiration  of  any  school 
month,  the  Board  o>f  School  Trustees  may  have  authority  to  receive 
the  report  within  a  reasonable  time  thereafter,  if,  in  their  opinion, 
the  reasons  for  the  delay  are  good  and  sufficient.  On  the  filing  of 
the  teacher's  report  and  its  approval  by  the  Board  of  Trustees,  their 
Clerk  shall  draw  an  order  in  duplicate  on  the  County  Treasurer  for 
the  amount  due  such  teacher,  which  shall  be  signed  by  the  Board, 
which  order,  if  accompanied  by  a  copy  of  said  monthly  report  and 


25 

approved  by  the  County  Superintendent  of  Education,  shall  be  coun- 
tersigned by  him  and  the  duplicate  filed  in  his  office. 

SEC.  1216.  All  claims,  of  every  description  whatsoever,  which  are 
chargeable  against  the  fund  raised  for  the  support  of  the  free  public 
schools  of  the  State,  except  such  as  are  otherwise  provided  for  by 
law,  must  be  signed  by  at  least  a  majority  of  the  Board  of  Trustees 
of  the  School  District  against  which  the  claims  are  chargeable ;  and 
the  correctness  and  legality  of  the  same  shall  be  sworn  to  and  sub- 
scribed by  the  person  presenting  such  claim  before  it  shall  be  ap- 
proved by  the  person  or  persons  authorized  by  law  to  give  such 
approval.  School  Trustees  and  County  Superintendents  of  Educa- 
tion shall,  free  of  charge,  administer  oaths  to  persons  presenting  the 
claims  contemplated  by  this  Section. 

State  ex  rel  Williams  v.  Hiers,  51  S.  C.,  388 ;  29  S.  E.,  90 ;  State 
v.  Morton,  51  S.  C.,  323 ;  28  S.  E.,  945. 

SEC.  1217.  It  shall  be  unlawful  for  a  School  Trustee  to  receive  pay 
as  a  teacher  of  a  free  public  school. 

SEC.  1218.  The  Board  of  Trustees  shall  also  have  authority,  and 
it  shall  be  their  duty : 

.  To  provide  suitable  school  houses  in  their  districts,  and  to 
make  the  same  comfortable,  paying  due  regard  to  any  school  house 
already  built  or  site  procured,  as  well  as  to  all  other  circumstances 
proper  to  be  considered  so  as  best  to  promote  the  educational  interests 
of  their  district. 

Location  of  school  house  site  by  Trustees. — Sligh  v.  Bozvers,  62 
S.  C.,  409 ;  40  S.  E.,  885 ;  Young  v.  Trustees  Fountain  Inn  Graded 
School,  64  S.  C.,  131;  41  S.  E.,  821. 

8d.  T  iiers  from  those  having  certificates  from  their 

County  Board  of  Examiners  or  from  the  State  Board  of  Education, 
and  to  fix  their  salaries,  and  to  discharge  the  same  when  good  and 

snffh  .nis   for  so  d.»injr  present   themselves,  subject  to  the 

supervision  of  the  County  Board  of  Education. 

Construed  in  connection  with  Sec.  1211  to  mean  "subject  to  the 
supervision  and  orders  of  the  County  Board  of  Education." — State  c.v 
rel.  Hryst'u  v.  Daniel.  52  S.  C.,  201  ;  29  S.  E.,  633. 

\o  general  or  special  School  Trustees  shall  'hereafter  employ  any 
teacher  who  has  not  a  certificate  to  teach  in  the  free  public  schools 


26 

of  the  State.  This  provision,  however,  not  to  affect  the  employment 
of  any  teacher  now  teaching  in  any  of  the  schools  of  the  Special 
School  Districts :  Provided,  further,  That  the  Trustees  of  any  such 
school  shall  always  have  the  right  and  power  to  impose  any  addi- 
tional examinations  and  qualifications  they  may  deem  proper  before 
or  after  employing  any  teachers,:  Provided,  also,  That  all  funds  of 
the  free  public  schools  of  this  State  other  than  those  arising  from  the 
special  levy  of  Special  School  Districts  shall  be  paid  out  of  the 
County  Treasury,  upon  warrants  duly  vouched  by  the  School  Trus- 
tees of  the  respective  schools  or  School  Districts,  or  otherwise,  as 
provided  by  the  laws  governing  any  Special  School  District. 

3d.  To  suspend  or  dismiss  pupils  when  the  best  interests  of  the 
schools  make  it  necessary. 

4th.  To  call  meetings  of  the  qualified  electors  of  the  district  for 
consultation  in  regard  to  the  school  interests  thereof ;  at  which  meet- 
ings the  Chairman  or  other  member  of  the  Board  shall  preside,  if 
present. 

5th.  To  take  care  of,  manage  and  control  the  school  property  of 
the  district. 

6th.  To  visit  the  free  public  schools  within  their  district,  from  time 
to  time,  and  to  take  care  that  they  are  conducted  according  to  law 
and  with  the  utmost  efficiency. 

7th.  They  shall  be  allowed  to  cross  all  bridges  or  ferries  free  of 
charge  when  they  are  traveling  on  official  business. 

SEC.  1219.  The  County  Auditor  shall  require  each  taxpayer  to  re- 
turn the  number  and  name  of  the  School  District  in  which  he  resides 
when  he  makes  his  tax  return,  and  the  Auditor  shall  state  the  name 
in  a  separate  column  in  the  tax  duplicates. 

SEC.  1220.  The  County  Auditor,  when  he  has  completed  the  tax 
duplicates,  shall  report  to  the  County  Superintendent  of  Education, 
by  School  Districts,  the  names  listed  for  poll  tax,  and  the  amount  of 
taxable  property  where  there  is  a  special  levy. 

SEC.  1221.  The  several  County  Treasurers  shall  retain  the  poll  tax 
collected  in  their  respective  Counties ;  and  it  is  hereby  made  the  duty 
of  the  said  Treasurer  in  collecting  the  poll  tax  to  keep  an  account 
of  the  exact  amount  of  said  tax  collected  in  each  School  District  in 
his  County,  and  the  poll  tax  collected  therein  shall  be  expended  for 
school  purposes  in  the  School  District  from  which  it  was  collected ; 
and  any  violation  of  this  Section  by  the  County  Treasurer  shall  con- 
stitute, and  is  hereby  declared,  a  misdemeanor,  and  on  conviction 


27 

thereof  the  said  County  Treasurer  shall  pay  a  fine  of  not  more  than 
five  hundred  dollars,  to  be  used  for  school  purposes  in  the  County 
suffering  from  such  violation,  or  imprisonment,  in  the  discretion  of 
the  Court. 

Si:c.  1222.  Each  County  Treasurer,  when  he  has  finished  the  col- 
lection of  taxes  for  his  County,  shall  report  to  the  County  Superin- 
tendent of  Education  the  names  of  the  persons  in  the  respective 
School  Districts  who  have  paid  their  poll  tax. 

SEC.  1223.  It  shall  be  the  duty  of  each  County  Treasurer  to  report 
monthly,  on  the  fifteenth  day  of  each  month,  to  the  County  Superin- 
tendent of  Education  of  his  County,  the  amount  of  collections  and 
disbursements  made  by  him  for  the  month  on  account  of  school  tax 
and  all  other  school  funds ;  and  it  shall  be  a  misdemeanor  on  the  part 
of  any  County  Treasurer  to  neglect,  fail  or  refuse  to  make  such 
report,  and  on  conviction  thereof  he  shall  pay  a  fine  of  not  more  than 
five  hundred  dollars,  the  same  to  be  used  for  school  purposes  in  his 
County. 

SEC.  1224.  All  moneys  disbursed  by  any  County  Treasurer  on  ac- 
count of  school  funds,  taxes  or  other  school  funds,  shall  be  paid  on 
the  order  of  the  Board  of  School  Trustees,  countersigned  by  the 
County  Superintendent  of  Education,  or  as  otherwise  directed  by  law. 

Ex  parte  Board  of  Commissioners  Florence  Graded  Schools,  in  re 
McDuffie,  School  Commissioner,  43  S.  €.,  11 ;  20  S.  E.,  794. 

SEC.  1225.  Each  County  Treasurer  shall  make  out  and  forward  to 
the  State  Superintendent  of  Education  annually,  on  the  first  day  of 
November,  a  certified  statement  showing  (by  School  Districts)  the 
amount  of  poll  tax  and  the  amount  of  all  other  school  taxes  collected 
by  him  for  the  fiscal  year  ending  on  the  31st  day  of  December  next 
preceding ;  and  should  any  County  Treasurer  fail  or  neglect  or  refuse 
to  make  and  forward  the  statement  as  herein  required,  the  State 
Superintendent  of  Education  shall  make  a  written  complaint  to  the 
Circuit  Solicitor  for  the  County  in  which  the  said  Treasurer  resides, 
who  shall  prosecute  the  said  County  Treasurer  for  the  same,  and  on 
conviction  thereof  he  shall  be  subject  to  a  fine  of  not  more  than  five 
hundred  dollars,  the  same  to  be  used  for  free  public  school  purposes 
in  his  County. 

SEC.  1226.  The  County  Treasurer  shall  carry  forward  all  sums  in 
his  hands  collected  for  any  previous  year  or  years  for  school  pur- 
poses, and  unexpended,  to  the  next  fiscal  year,  and  credit  the  same 


to  the  School  District  respectively  for  which  it  was  apportioned,  and 
he  shall  report  the  same  to  the  County  Superintendent  of  Education. 
SEC.  1227.  It  shall  be  unlawful  for  any  County  Treasurer,  County 
Auditor,  member  of  County  Board  of  Education,  or  School  Trustee, 
to  buy,  discount  or  share,  directly  or  indirectly,  or  be  in  any  way 
interested  in  any  teacher's  pay  certificate  or  other  order  on  school 
fund,  except  such  as  are  payable  to  him  for  his  own  services,  or  for 
any  School  Trustee  to  make  any  contract,  or  be  pecuniarily  inter- 
ested, directly  or  indirectly,  in  any  contract  with  any  School  District 
of  whicn  he  is  Trustee. 

See  Criminal  Code  for  penalty  for  violation  of  this  provision. 

SEC.  1228.  The  County  Board  of  Education  shall  regulate  the 
opening  and  closing  of  the  school  terms,  so  as  best  to  promote  and 
subserve  the  educational  interest  of  the  different  sections  of  their 
Counties :  Provided,  That  all  contracts  which  Boards  of  Trustees  may 
make  in  excess  of  the  funds  apportioned  to  their  districts  shall  be 
void.  'And  no  teacher  shall  be  employed  by  a  Board  of  Trustees  of 
any  School  District  who  is  related  to  a  member  of  the  Board  by  con- 
sanguinity or  affinity  within  the  second  degree,  without  the  written 
approval  of  the  Board  of  Education  of  the  County,  nor  unless  a  ma- 
jority of  the  parents  or  guardians  of  the  children  attending  the  school 
for  which  such  teac'her  is  employed  requests  such  employment  in 
writing. 

SEC.  1229.  It  shall  not  be  lawful  for  any  person  who  is  less  than 
six  or  more  than  twenty-one  years  of  age  to  attend  any  of  the  free 
public  schools  of  this  State. 

SEC.  1230.  The  members  of  the  State  Board  of  Education  ap- 
pointed by  the  Governor,  'members  of  the  County  Boards  of  Educa- 
tion appointed  by  the  State  Board  of  Education  and  members  of  the 
Board  of  Trustees  shall  be  exempt  from  militia  duty. 

See  Criminal  Code  for  penalty  for  members  of  County  Boards  of 
Education  and  School  Trustees  attempting  to  act  after  expiration  of 
their  term,  or  removal  from  office ;  and  for  teachers  acting  as  agents 
for  school  books. 

SEC.  1231.  It  shall  be  unlawful  for  pupils  of  one  race  to  attend  the 
schools  provided  by  Boards  of  Trustees  for  persons  of  another  race. 

SEC.  1232.  The  scholastic  year  shall  begin  on  the  first  day  of  July 
of  each  year,  and  end  on  the  thirtieth  day  of  June  following. 


29 

SEC.  1233.  The  free  public  schools  of  the  State  shall  be  kept  open 
and  the  exercises  thereof  continued,  in  each  School  District  in  the 
State,  for  a  period  of  at  least  three  months  in  each  and  every  year. 

SEC.  1234.  The  Comptroller  General,  in  determining  whether  any 
deficiency  exists  in  any  School  District,  for  the  purposes  of  the  dis- 
tribution of  the  fund  mentioned  in  the  next  succeeding  Section,  shall 
make  his  estimate  upon  the  basis  of  the  allowance  to  each  school  in 
every  School  District,  out  of  the  three  mill  constitutional  tax  and  poll 
tax,  the  sum  of  seventy-five  dollars  for  the  expense  of  such  term  of 
three  months,  for  each  school  existing  during  the  scholastic  year 
1897-1898. 

SEC.  1235.  All  net  income  derived  by  the  State  from  the  sale  of 
liquors  in  this  State,  under  the  Dispensary  Law,  shall  be  apportioned 
among  the  various  Counties  of  this  State,  for  the  benefit  of  the  com- 
mon schools,  in  proportion  to  the  deficiencies  existing  in  the  various 
Counties  of  this  State,  after  the  application  of  the  three  mill  tax  and 
the  poll  tax,  to  run  the  public  schools  for  the  time  fixed  in  Section 
1233 ;  and  if  there  shall  be  a  surplus  remaining  of  such  net  income, 
after  such  deficiencies  shall  have  been  equalized,  it  shall  be  devoted 
to  public  school  purposes,  and  be  apportioned  among  the  Counties  in 
proportion  to  the  enrollment  in  the  public  schools,  as  shall  appear  by 
the  report  of  the  State  Superintendent  of  Education  for  the  next 
preceding  scholastic  year,  and  be  distributed  among  the  School  Dis- 
tricts of  the  Counties,  and  be  disbursed  as  other  school  funds :  Pro- 
vided, That  out  of  said  surplus  there  shall  be  appropriated  five 
thousand  dollars  for  the  purpose  of  maintaining  institutes  for  the 
better  instruction  of  the  teachers  of  the  public  schools,  the  same  to 
be  paid  on  the  warrant  of  the  Governor  and  the  State  Superintendent 
of  Education ;  and  all  funds  derived  from  said  Dispensary  Law,  not 
already  disbursed,  shall  be  apportioned  in  the  same  way. 

When  mandamus  will  issue  to  compel  apportionment. — State  c.v 
rel  Capers  v.  Derham,  :.  1  S.  C.,  349;  32  S.  E.,  418. 

SEC.  1236.  Such  apportionment  shall  t>e  made  by  the  Comptroller 
General  quarterly,  and  he  shall  draw  his  warrant  upon  the  State 
Treasurer  in  favor  of  the  County  Treasurer  of  the  respective  Coun- 
ties for  the  amounts  apportioned  to  such  Counties,  respectively. 

SEC.  1236a.  (1.)  The  Directors  of  the  State  Dispensary  shall  pay 
over  to  the  State  Treasurer  by  January  1st,  1904,  in  equal  semi- 
annual payments,  all  of  the  school  fund  reported  by  them  in  excess 


30 

of  four  hundred  thousand  dollars,  for  the  'benefit  of  the  common 
schools  of  the  State,  to  be  apportioned  by  and  paid  out  on  the  war- 
rant of  the  Comptroller  General  as  is  now  provided  by  law  for  the 
apportionment  and  payment  of  Dispensary  profits  for  the  benefit  of 
said  schools :  Provided,  That  the  first  payment  shall  be  made  on  the 
30th  day  of  June,  1902. 

(2.)  The  Directors  of  the  State  Dispensary  shall  make  quarterly 
settlements  for  the  purpose  o<f  ascertaining  the  net  profits  accruing 
to  the  State  from  the  sales  made  from  the  State  Dispensary,  and  shall 
pay  over  the  profits  so  ascertained  to  the  State  Treasurer  within  ten 
days  thereafter,  for  the  benefit  of  the  common  schools  of  the  State, 
to  be  apportioned  by  and  paid  out  on  the  warrant  of  the  Comptroller 
General  as  is  now  provided  by  law  for  the  apportionment  and  pay- 
ment of  Dispensary  profits  for  the  benefit  of  said  schools.  The  first 
settlement  made  under  this  Act  shall  be  on  the  31st  day  of  March, 
1902. 

(3.)  The  County  Treasurers  of  the  several  Counties  of  this  State 
shall  not  pay  to  the  authorities  of  the  several  cities  and  towns,  en- 
titled to  Dispensary  profits,  their  share  of  such  profits  except  upon 
the  warrants  of  the  County  Board  of  Control  and  County  Auditor 
issued  to  the  authorities  of  said  cities  and  towns,  when  settlements 
are  made  by  them  as  required  by  law.  The  said  County  Board  of 
Control  and  County  Auditor  shall  at  the  same  time  also  certify  in 
writing  to  the  County  Supervisor  of  the  County  entitled  to  share  the 
Dispensary  profits  the  amount  thereof  to  which  the  County  is  entitled. 

(4.)  All  profits  from  County  Dispensaries  subject  to  distribution 
among  the  Counties,  cities  and  towns  of  the  State  which  have  accrued 
since  the  fourth  Monday  of  December,  1901,  and  which  may  here- 
after accrue,  shall  be  distributed  monthly  among  the  Counties,  cities 
and  towns  entitled  thereto  in  the  proportion  fixed  by  law,  and  that 
the  settlements  to  ascertain  the  same  shall  be  made  on  the  fourth 
Monday  in  each  month,  instead  of  quarterly,  as  heretofore  provided 
by  law. 

SEC.  1237.  The  State  Superintendent  of  Education  may  advertise 
for  bids  for  all  printing  required  under  'this  Chapter,  and  shall  let 
the  same  to  the  lowest  bidder  therefor,  who  shall  be  required  to  file 
with  his  bid  a  bond  in  double  the  amount  of  his  bid  for  the  faithful 
performance  of  the  contract. 

SEC.  1238.  Nothing  contained  in  this  Act  shall  be  construed  to 
repeal  the  Acts  of  the  General  Assembly  creating  Special  and  Graded 


31 


School  Districts,  and  the  provisions  of  said  Acts  shall  apply  to  said 
School  I  )istricts :  Provided,  That  the  Trustees  of  said  School  Districts 
and  Commissioners  of  the  city  schools  of  Charleston  shall  make  an- 
nual reports  to  the  State  Superintendent  of  Education  in  such  form 
and  at  such  time  as  he  may  prescribe :  Provided,  further,  Whenever 
under  the  provisions  of  law  any  School  District  or  municipal  corpora- 
tion is  authorized  to  levy  a  special  tax  for  the  support  of  public 
schools  therein,  any  person  not  a  resident  of  said  School  District  or 
municipal  corporation  shall  be  entitled  to  a  credit  upon  fees  for  the 
tuition  of  his  or  her  children  by  the  amount  of  such  special  tax  paid 
by  such  person. 

Rights  of  Special  School  Districts.— Holler  v.  Rock  Hill  School 
District  ct  al.,  60  S.  C.,  41;  38  S.  E.,  220;  Martin  v.  School  District 
of  Laurcns,  5T  S.  C.,  125 ;  35  S.  E.,  517. 

SEC.  1239.  The  County  Boards  of  Education  of  the  several  'Coun- 
ties of  this  State  are  hereby  authorized  and  required  to  set  aside  from 
the  public  school  funds  of  their  respective  Counties  an  amount  not 
exceeding  five  hundred  dollars,  for  the  purpose  of  providing  the 
pupils  attending  the  free  public  schools  of  their  Counties  with  school 
text-books  at  actual  cost  or  exchange  prices,  the  amount  so  set  aside 
from  the  school  funds  shall  be  paid  to  the  County  Superintendent  of 
Education  by  the  County  Treasurer  out  of  the  unappropriated  gene- 
ral school  funds  in  his  hands,  on  the  warrant  of  said  County  Board 
of  Education,  and  shall  be  and  remain  permanent  funds  in  the  hands 
of  the  County  Superintendent  of  Education  to  be  used  in  purchasing 
and  keeping  on  hand  school  text-books  for  sale  to  pupils  attending 
the  free  public  schools  in  his  County,  for  cash,  at  actual  cost  or  ex- 
change prices,  and  to.  be  used  for  no  other  purpose  and  in  no  other 
manner;  and  the  places  where  said  school  text-books  are  kept  and 
sold  shall  be  deemed  depositories,  under  the  control  of  the  State,  as 
led  in  the  seventh  article  or  provision  in  the  contract  made  in 
1893  with  the  publishers  of  school  text-books.  That  the  County  Su- 
perintendent of  Education  in  every  County  in  the  State  be,  and  is 
hereby,  required  t<>  keep  his  office  open  each  day  of  the  week  prior 
t<>  the  time  appointed  for  schools  to  open  in  his  County,  and  for  one 
week  immediately  thereafter,  and  for  at  least  one  day  in  each  week 
during  the  remainder  of  the  school  term,  for  the  convenience  of  those 
.wishing  to  purchase  books:  Provided,  That  in  the  Counties  of 
Charleston,  Chesterfield,  Georgetown,  Kershaw,  Lancaster,  Laurent 


32 

Greenwood,  Lexington  and  Richland,  the  County  Boards  of  Educa- 
tion are  'hereby  authorized  and  empowered,  but  not  required,  to  carry 
out  the  provisions  of  this  Section:  Provided,  however,  That  nothing 
herein  contained  shall  prevent  the  keeping  of  said  depository  in  some 
other  place  than  the  office  of  the  Superintendent  of  Education,  if  in 
his  judgment  it  is  best  to  do  so. 

SEC.  1239a.  Whenever  it  shall  be  made  to  appear  to  the  satisfac- 
tion of  the  Trustees  of  any  School  District  that  any  patron  of  such 
school  is  unable  by  reason  of  poverty  to  purchase  the  necessary  books 
for  the  use  of  his  or  her  child  or  children,  then  in  such  case  the  Trus- 
tees of  such  School  District  may,  in  their  discretion,  purchase  such 
necessary  'books  for  such  pupils,  and  furnish  the  same  to  pupils  under 
such  regulations  as  the  Trustees  may  prescribe :  Provided,  The  sum  so 
expended  for  the  purchase  of  said  books  shall  not  exceed  the  sum 
of  five  per  cent,  of  the  school  fund  of  said  district  in  any  one  year : 
Provided,  further,  That  the  books  so  purchased  shall  be  the  property 
of  such  public  School  District,  and  must  be  returned  to  the  Board 
of  Trustees  at  the  end  of  each  term. 

SEC.  1240.  That  in  all  schools  and  colleges  within  this  State  which 
are  supported  in  whole  or  in  part  from  the  free  school  funds,  it  shall 
be  unlawful  to  use  any  text-book  which  -has  been  condemned  or  dis- 
approved by  the  State  Board  of  Education. 

SEC.  1241.  All  persons  holding  school  claims  against  any  County 
of  this  State  which  are  unpaid  are  hereby  permitted  and  allowed  to 
prove  and  establish  the  same  before  the  County  Superintendent  of 
Education,  the  'County  Treasurer  and  County  Auditor  of  said  County. 

If  said  claims  are  declared  valid  and  binding  obligations  by  said 
County  Superintendent  of  Education,  Auditor  and  Treasurer  against 
the  School  District  for  which  they  were  issued,  the  County  Treasurer 
of  said  County  is  hereby  authorized  and  directed  to  pay  any  of  said 
claims  declared  valid  out  of  the  first  money  coming  in  his  hands  as 
Treasurer  belonging  to  the  School  District  against  which  said  claim 
or  claims  are  established. 

See  Acts  1901,  XXIII.,  826,  as  to  payment  of  claims  in  Clarendon, 
Laurens,  Marion,  Newberry  and  Sumter  Counties. 

SEC.  1241a.  The  County  Treasurers  and  the  County  Supervisors 
of  the  several  Counties  in  this  State  be,  and  they  are  hereby,  author- 
ized and  required,  upon  the  application  of  the  County  Boards  of. 
Education  of  the  respective  Counties,  to  .borrow,  from  time  to  time 


33 

during  any  fiscal  year,  such  sums  of  money  as  may  be  necessary  to 
pay  the  school  claims  of  such  Counties,  not  to  exceed  seventy-five 
per  cent,  of  the  amount  reported  by  the  County  Auditors  for  -schools 
for  said  fiscal  year,  at  a  rate  of  interest  not  exceeding  the  rate  of 
seven  per  centum  per  annum,  and  to  pledge  the  taxes  to  be  collected 
for  that  purpose  for  the  payment  of  the  money  so  borrowed  and  the 
interest  thereon :  Provided,  That  all  money  borrowed  shall  be  held 
and  paid  out  by  the  County  Treasurer  as  school  funds  and  without 
extra  commission. 

SEC.  1241b.  In  any  County  in  this  State  where  the  schools  have 
not  funds  sufficient  to  pay  all  claims  in  cash, , the  County  Board  of 
Education  may,  at  its  discretion,  direct  the  County  Superintendent  of 
Education  to  set  aside  from  the  school  funds  of  the  County,  or  any 
of  the  School  Districts,  an  amount  annually  of  not  exceeding  ten 
per  cent,  of  such  funds,  for  so  many  years  as  may  be  necessary  to 
create  a  sufficient  fund  to  put  the  schools  of  such  County  or  any  of 
the  School  Districts  on  a  cash  basis. 

SEC.  1241c.  Whenever  said  reserve  fund  reaches  such  an  amount 
sufficient  to  put  said  County  or  School  District,  as  the  case  may  be, 
on  a  cash  basis,  then  said  fund  may  be  used  for  said  purpose :  Pro- 
i-idcd,  That  in  each  year  during  the  time  necessary  to  create  such 
reserve  fund,  the  County  Superintendent  of  Education  shall  use  the 
fund  accumulated  as  a  loan,  without  interest,  to  pay  claims  held  by 
teachers  to  whom  the  pay  certificates  were  originally  issued,  the 
funds  so  used  to  be  replaced  annually  from  taxes  collected  for  school 
purposes. 

SEC.  1242.  The  free  public  schools  of  this  State  shall  observe  the 
third  Friday  in  November  of  each  year  as  Arbor  Day,  and  on  that 
day  the  school  officers  and  teachers  shall  conduct  such  exercises  and 
engage  in  the  planting  of  such  shrubs,  plants  and  trees  as  will  im- 
press on  the  minds  of  the  pupils  the  proper  value  and  appreciation  to 
be  placed  on  flowers,  ornamental  shrubbery  and  shade  trees. 

SEC.  1243.  The  Trustees,  officers  or  persons  in  charge  of  all  liter- 
ary, scientific  or  professional  institutions  of  learning  incorporated, 
supported  or  aided  by  the  State,  of  all  schools  or  private  educational 
institutions,  shall,  on  or  before  the  fifteenth  day  of  July  in  each  year, 
make  a  report  in  writing  to  the  State  Superintendent  of  Education, 
of  such  statistics  as  the  Superintendent  shall  prescribe  relating  to  the 
number  of  pupils  and  instructors,  courses  of  study,  cost  of  tuition 


34      • 

and  the  general  condition  of  the  institution  or  school  under  their 
charge. 

The  Superintendent  shall  prepare  'blank  forms  of  inquiry  for  such 
statistics,  and  shall  send  the  same  to  every  such  institution  or  school 
on  or  before  the  10th  day  of  May  in  each  year ;  and  so  much  of  said 
information  as  he  may  deem  proper  'be  incorporated  in  his  annual 
report. 

See  Section  1218,  ante,  as  to  restrictions  on  power  of  School  Trus- 
tees in  the  employment  of  teachers. 

G.  S.,  Vol.  24,  Sea  442.  Whenever  the  patrons  and  friends  of  a 
free  public  school  shall  raise  by  private  subscription  and  tender  to 
the  County  Treasurer,  with  the  approval  and  endorsement  of  the 
School  Trustees  of  such  School  District,  for  the  establishment  of  a 
library  to  be  connected  with  the  said  school,  the  sum  of  ten  dollars, 
the  County  Board  of  Education  shall  appropriate  from  the  money 
belonging  to  the  School  District  asking  for  the  library,  the  sum  of 
ten  dollars  for  this  purpose  (together  with  ten  dollars  from  the  gene- 
ral County  school  fund  for  a  suitable  'bookcase,  which  shall  be  ap- 
proved by  -the  County  Board  of  Education.) 

As  soon  as  the  County  Board  of  Education  of  any  County  shall 
have  made  an  appropriation  for  a  library  in  the  manner  prescribed, 
the  County  Superintendent  shall  inform  the  Secretary  of  the  State 
Board  of  Education  of  the  fact,  whereupon  the  said  State  Board  of 
Education  shall  remit  the  County  Superintendent  the  sum  of  ten 
dollars  for  the  purchase  of  books  for  said  library.  Upon  the  receipt 
of  this  money,  ithe  County  Superintendent  shall  deposit  the  same 
with  the  County  Treasurer,  and  shall  issue  to  the  person  or  persons 
appointed  to  select  the  books,  a  warrant  on  the  County  Treasurer  for 
the  amount  secured  by  private  subscription,  by  appropriation  from 
the  County  Board  of  Education,  and  by  'the  State  Board  of  Educa- 
tion. 

,  The  local  Board  of  Trustees  is  hereby  appointed  to  select  the 
books,  and  shall  select  such  books  as  they  may  deem  best  suited  for 
such  purpose,  and  file  with  the  County  Superintendent  of  Education 
vouchers  for  the  whole  amount  received :  Provided,  That  no  voucher 
shall  (be  valid  except  for  books,  bookcases,  and  transportation 
charges:  Provided,  further,  That  such  purchases  shall  be  from  a 
list  furnished  by  the  State  Board  of  Education,  which  the  said  State 
Board  shall  adopt  books  for  libraries,  under  the  law  and  rules  gov- 


erni 


35 


ing  the  adoption  of  text  books,  and  shall  make  rules  for  the  gov- 
erning of  said  libraries. 

The  Trustees  of  every  library  shall  carry  out  such  rules  and  regu- 
lations for  the  proper  use  and  preservation  of  the  books  as  may  be 
enjoined  by  the  State  Board  of  Education,  and  shall  make  provisions 
for  having  all  books,  when  not  in  circulation,  kept  under  lock  and 
key. 

The  Trustees  of  two  or  more  libraries  may,  by  agreement,  ex- 
change libraries :  Provided,  That  no  exchange  shall  be  made  oftener 
then  once  in  six  months,  and  no  part  of  the  expense  of  exchanging 
libraries  shall  be  borne  by  the  public. 

That  the  sum  of  $5,000  be  annually  appropriated  to  be  expended 
by  the  State  Board  of  Education,  under  the  provisions  of  this  Act. 

Xot  more  than  25  schools  in  any  County,  in  any  one  year,  created 
and  operated  under  trie  general  free  school  law  of  the  State,  shall  be 
entitled  to  the  benefits  of  this  Act,  and  no  School  District  shall  re- 
ceive any  moneys  under  its  provisions,  except  schools  operating 
under  the  general  free  school  law  of  the  State.  The  schools  receiv- 
ing this  benefit  shall  be  decided  by  the  County  Board  of  Education. 

Whenever  the  patrons  or  friends  of  any  free  public  school  in 
which  a  library  has  been  established  under  the  provisions  of  the  laws 
of  this  State,  shall  raise  by  private  subscription  and  tender  the  Trea- 
surer of  the  County  School  Fund,  the  sum  of  five  dollars  for  the 
enlargement  of  the  library,  the  County  Board  of  Education  shall 
appropriate  from  the  money  belonging  to  that  School  District,  the 

I  sum  of  five  dollars,  and  the  State  Board  of  Education  shall  remit  to 
the  County  Superintendent  of  Education,  the  sum  of  five  dollars. 
The  money  thus  collected  and  appropriated  shall  be  used  for  the 
enlargement  of  libraries  already  established  under  the  same  rules 
and  restrictions  as  govern  the  establishment  of  new  libraries :  Pro- 
ritlcd.  Xo  appropriation  shall  be  made  for  the  purpose  of  enlarging 
any  established  library  where  the  same  will  prevent  or  interfere  with 
the  establishing  of  a  new  library. 
G.  S.,  Vol.  24,  Sec.  452.  That  the  County  Boards  of  Education  of 
the  various  Counties  of  this  State  be,  and  the  same  are  hereby,  au- 
thorized to  annually  set  aside,  from  the  surplus  remaining  from  the 
net  income  derived  by  the  State  from  the  Dispensary  profits,  an 
amount  equal  to  five  per  cent,  of  the  entire  public  school  funds  of 
their  respective  Counties,  which  said  amounts  shall  be  used  by  the 
said  County  Boards  of  Education  for  the  purpose  of  encouraging 


36 

and  aiding  in  the  construction  of  adequate  public  school  buildings  in 
their  respective  Counties. 

That  when  the  friends,  patrons  or  Trustees  of  any  public  school 
in  any  School  District  of  any  County  in  this  State  shall  raise  by 
private  subscription,  special  tax,  regular  tax,  sale  of  old  buildings; 
issuing  bonds,  or  otherwise,  funds  for  building  a  school  house  in 
such  district,  -the  County  Board  of  Education  of  such  County  shall 
turn  over  to  the  Trustees  of  such  school,  from  funds  set  aside  for 
such  purpose  under  this  Act,  fifty  dollars  ($50)  for  each  one  hun- 
dred dollars  ($100)  -so  raised  by  such  friendsj  patrons  or  Trustees 
for  constructing  such  school  building:  Provided,  No  one  school 
shall  receive  more  than  three  hundred  dollars  under  the  provisions 
of  this  Act :  Provided,  further,  That  no  more  than  one  school  in  any 
one  district,  in  any  one  year,  shall  receive  such  aid. 

That  County  Boards  of  Education  shall  give  the  preference  to 
School  Districts  which  have  combined  and  consolidated  two  or  more 
school  buildings. 

That  any  School  District  availing  itself  of  the  provisions  of  this 
Act  shall  comply  with  plans  and  specifications  approved  by  the  State 
Board  of  Education. 

That  no  school  shall  receive  aid  under  the  provisions  of  this  Act 
without  the  approval  of  the  County  Board  of  Education. 

That  the  funds  provided  for  in  this  Act  be  paid  out  by  the  County 
Treasurer  only  upon  the  warrant  of  the  County  Board  of  Education, 
countersigned  by  the  County  Superintendent  of  Education,  and  any 
funds  not  used  by  the  end  of  the  year,  shall  revert  back  to  the  gene- 
ral school  fund  of  the  respective  Counties.  This  Act  to  go  into 
effect  immediately  on  its  approval. 

G.  S.,  Vol.  24,  Sec.  483.  That  whenever  any  children  of  school 
age,  as  provided  by  law,  shall  attend  a  public  night  school  for  twenty 
nights  in  any  scholastic  year,  they  shall  be  deemed  enrolled  and  their 
names  shall  be  used  by  the  County  Boards  of  Education  in  making 
apportionments  just  as  if  they  had  attended  day  schools  ten  days  as 
provided  by  law:  Provided,  That  the  said  night  schools  shall  be 
taught  by  teachers  qualified  by  law  to  teach  in  the  public  schools  of 
the  State:  And  Provided,  also,  That  the  couse  of  study  shall  be  the 
course  approved  by  the  State  Board  of  Education  for  use  in  the 
public  schools  of  the  State. 

That  the  same  children  shall  not  be  counted  twice  in  making  up 
the  enrollment  of  a  School  District. 


G.  S.,  Vol.  24,  Sec.  441.  That  immediately  after  the  approval  of 
this  Act  by  the  Governor,  the  County  Superintendents  of  Education 
in  the  several  Counties  of  this  State  are  hereby  authorized  and  re- 
quired to  select  and  secure  a  reliable  merchant,  postmaster  or  other 
reliable  person  in  each  township  in  each  County,  with  whom  there 
shall  be  deposited  a  sufficient  number  of  school  books  for  sale  for 
schools  in  that  township,  at  not  exceeding  ten  per  cent,  above  first 
cost;  and  that  accurate  accounts  thereof  shall  be  kept  by  the  said 
County  Superintendent  with  each  depository. 

G.  S.,  Vol.  25.  That  the  public  schools  of  this  State  shall  observe 
Calhoun's  birthday,  the  18th  of  March  of  each  year,  as  "South  Caro- 
lina Day,"  and  on  that  day  the  school  officers  and  teachers  shall  con- 
duct such  exercises  as  will  conduce  to  a  more  general  knowledge  and 
appreciation  of  the  history,  resources  and  possibilities  of  this  State : 
Provided,  That  if  the  said  day  shall  fall  on  Saturday  or  Sunday  that 
the  Friday  nearest  to  March  18th  shall  be  selected :  Provided,  fur- 
ther, That  if  any  school  shall  not  be  in  session  on  the  said  date,  that 
the  celebration  may  be  held  before  the  close  of  the  term. 

That  the  State  Superintendent  of  Education  shall  suggest  such 
topics  or  programs  as  he  may  deem  appropriate  for  the  celebration 
of  South  Carolina  Day. 

G.  S.,  Vol.  25.  There  shall  be  imposed  and  assessed  on  all  dogs  in 
tli is  State  a  capitation  tax  of  fifty  cents  annually  on  each  dog,  the 
proceeds  of  which  shall  be  expended  for  school  purposes,  in  the  seve- 
ral districts  in  which  it  is  collected. 

That  dogs  shall  be  returned  in  the  same  manner  and  at  the  same 
time  that  other  property  is  returned  for  taxation.. 

That  the  capitation  tax  on  dogs  provided  for  in  this  Act  shall  be 
collected  at  the  same  time  and  in  the  same  manner  that  other  taxes 
are  now  collected. 

That  the  capitation  tax  provided  for  in  this  Act,  shall  be,  and 
constitute,  a  first  lien  in  favor  of  the  State  of  South  Carolina  on  all 
property  owned  by  any  person  who  owes  any  such  capitation  tax. 
That  the  collection  of  the  capitation  tax  provided  for  in  this  Act  may 
be  enforce*  1  against  any  property  owned  by  the  debtor  of  such  tax  in 
the  same  way  and  manner  as  if  it  were  a  tax  assessed  on  that  specific 
piece  of  property. 


38 

That  no  dog  which  is  not  returned  for  taxation,  as  required  in  this 
Act,  shall  be  held  to  be  property  in  any  of  the  Courts  of  this  State. 

That  it  shall  be  the  duty  of  the  County  Auditor  and  Township 
Assessors  and  the  School  Trustees  to  enforce  the  provisions  of  this 
Act,  so  far  as  it  relates  to  listing  dogs  for  taxation. 


39 


Regulations  of  State  Board 

SECTION  1.  The  Governor  shall  be  Chairman,  and  the  State  Super- 
intendent of  Education,  Secretary  of  the  Board. 

SEC.  2.  The  Board  shall  meet  on  the  first  Friday  in  January,  May 
and  September  of  each  year,  and  at  such  other  times  as  the  Chair- 
man may  designate. 

SEC.  3.  The  Secretary  shall  keep  a  record  of  the  actions  of  the 
Board  in  a  book  provided  for  that  purpose. 

SEC.  4.  The  order  of  business  shall  be  as  follows  :  Calling  to  order, 
reading  of  minutes  of  the  previous  meeting,  unfinished  business, 
reports  of  Committees,  report  of  the  Chairman,  report  of  the  Secre- 
tary, and  new  business. 

SEC.  5.  All  Resolutions  shall  be  reduced  to  writing  by  the  mover, 
and  likewise  all  amendments. 

SEC.  6.  A  motion  must  receive  a  second  before  it  can  be  entitled  to 
consideration  by  the  Board. 

SEC.  7.  The  Chairman  and  Secretary  are  authorized  to  fill  all 
vacancies  that  may  occur  in  the  County  Boards  of  Education,  and  to 
report  their  action  to  the  Board  at  its  next  meeting^  for  its  considera- 
tion. 

SEC.  8.  Should  a  vacancy  occur  in  the  office  of  County  Superin- 
tendent of  Education  it  shall  be  filled  by  the  Chairman  and  Secretary 
of  the  Board,  subject  to  the  approval  of  the  Board  at  its  next  meet- 
ing. 

SEC.  9.  All  vacancies  in  the  office  of  the  County  Superintendent  of 
Education  shall  be  filled  by  ballot,  and  a  two-thirds  vote  of  the 
members  present  shall  be  necessary  to  fill  the  vacancy. 

Si:c.  10.  The  following  is  the  general  plan  for  the  Teachers'  Read- 
ing Circles  as  outlined  by  the  State  Board  of  Education : 

One  book  on  special  professional  reading,  one  book  on  general 
professional  reading.  Miscellaneous  reading  in  literature  and  cur- 
rent events ;  the  course  to  continue  for  three  years,  certificates  to  be 
renewed  from  year  to  year  on  examination.  Teachers  who  have 


40 

first  grade  certificates  and  who  pursue  this  course  successfully,  will 
be  granted  a  ten  years  certificate. 

The  Governor  and  the  State  Superintendent  of  Education  are  em- 
powered to  grant  State  certificates  upon  the  presentation  of  diplomas 
from  reputable  colleges  and  universities  in  other  States  of  as  high 
rank  as  leading  colleges  of  this  State.  Such  certificates  to  be  sub- 
ject to  confirmation  by  the  State  Board  at  its  next  meeting. 

SEC.  11.  All  scholarship  examinations  shall' 'be  held  by  the  County 
Boards  of  Education,  and  '.the  faculties  of  the  Institutions  in  which 
the  applicants  seek  scholarships,  shall  grade  the  examination  papers 
of  such  applicants,  except  in  cases  where  the  law  otherwise  specifies. 

SEC.  12.  That  after  February,  beginning  in  May,  1903,  there  shall 
be  two  County  examinations  for  teachers'  certificates  each  year,  to 
be  held  in  May  and  September,  and  that  hereafter  no  teacher  shall  be 
employed  in  the  public  schools  of  this  State  who  has  not  registered 
his  certificate  in  the  office  of  the  County  Superintendent  of  Educa- 
tion and  submitted  proof  thereof  to  the  Board  of  Trustees  employing 
him. 

SEC.  13.  Every  applicant  for  a  County  Certificate  shall  stand  a 
satisfactory  written  examination  before  the  County  Board  of  Educa- 
tion, on  uniform  questions  prepared  and  furnished  by  the  State 
Board,  the  examination  to  be  held  in  all  the  Counties  on  the  same 
day,  or  he  or  she  shall  present  to  the  County  Board  a  full  diploma 
from  some  reputable  chartered  college  or  university  of  this  State, 
known  to  be  of  good  standing.  No  certificate  shall  be  issued  on  a 
diploma  showing  that  the  holder  has  only  completed  the  course  of 
some  particular  department  of  a  school ;  the  diploma  must  show  that 
the  full  college  course  has  been  completed. 

•SEC.  14.  Only  two  grades  of  examination  questions  shall  be  pre- 
pared and  furnished  for  the  County  examinations. 

SEC.  15.  There  shall  be  but  two  grades  of  Teachers'  County  Certifi- 
cates— a  First  Grade  and  a  Second  Grade,  the  latter  being  divided 
into  Class  A  and  Class  B — this  not  to  affect  any  certificate  now  out- 
standing. 

SEC.  16.  To  obtain  a  First  Grade  Teachers'  County  Certificate,  the 
applicant  shall  stand  a  written  examination  on  first  grade  questions, 
prepared  and  furnished  the  County  Board  of  Education  by  the  State 
Board,  and  shall  make  a  general  average  of  not  less  than  eighty  per 


41 

and  not  less  than  fifty  per  cent,  on  any  one  branch.  The 
County  Board  may  also  impose  oral  tests  in  reading  and  language. 

To  obtain  a  Second  Grade  Teacher's  County  Certificate  the  appli- 
cant shall  stand  a  written  examination  on  questions  prepared  and 
furnished  to  the  County  Board  of  Education  by  the  State  Board,  and 
also  such  oral  tests  in  reading  and  language  as  the  County  Board 
may  impose.  To  an  applicant  standing  an  examination  on  first 
grade  questions  and  failing  to  obtain  a  First  Grade  Certificate,  a 
Second  Grade  Certificate,  Class  A,  shall  be  issued  if  the  applicant 
makes  a  general  average  of  seventy  per  cent.,  and  not  less  than  forty- 
five  per  cent,  on  any  one  branch ;  and  if  the  applicant  makes  a  general 
average  of  not  less  than  sixty  per  cent.,  and  not  less  than  forty  per 
cent,  on  any  one  branch,  a  Second  Grade  Certificate,  Class  B,  shall 
be  issued.  In  estimating  for  a  Second  Grade  Certificate  on  the  first 
grade  questions,  Algebra  need  not  'be  included ;  if  it  would  be  to  the 
applicant's  advantage,  it  may  be  included.  To  an  applicant  standing 
an  examination  on  second  grade  questions,  a  Second  Grade  Certifi- 
cate, Class  A,  shall  be  issued,  if  the  applicant  makes  a  general  aver- 
age of  not  less  than  eighty  per  cent.,  and  not  less  than  fifty  per  cent, 
on  any  one  branch ;  and  if  the  applicant  makes  a  general  average  of 
not  less  than  seventy  per  cent.,  and  not  less  than  forty  per  cent,  on 
any  one  branch,  a  Second  Grade  Certificate,  Class  B,  shall  be  issued. 

SEC.  17.  No  person  sihall  be  permitted  to  take  an  examination  who 
is  not  at  least  eighteen  years  of  age,  and  before  taking  an  examina- 
tion each  applicant  shall  satisfactorily  pass  such  oral  tests  in  reading 
and  language  as  the  Board  may  impose. 

SEC.  18.  A  First  Grade  Certificate  may  be  renewed  by  the  County 
Board  from  which  it  was  issued.  If,  however,  a  Teachers'  Institute 
or  Summer  School  is  held  in  the  County,  a  First  Grade  Certificate 
shall  not  be  renewed  unless  the  holder  attends  the  Institute  or  Sum- 
mer School,  or  shows  to  the  State  Board  of  Education  some  satisfac- 
tory reason  for  not  doing  so. 

A  Second  Grade  Certificate,  Class  A,  shall  not  be  renewed  except 
where  the  holder  attends  a  Teachers'  Institute  or  Summer  School, 
and  in  such  case  may  be  renewed. 

V  Second  Grade  Certificate,  Class  B,  shall  not  be  renewed. 

SEC.  19.  The  County  Board  shall  issue  to  each  applicant  making 
the  required  per  cent,  a  certificate,  signed  by  each  member  of  the 
Board,  and  under  the  seal  of  the  office  of  the  County  Superintendent 


42 

of  Education  of  the  County,  and  showing  on  its  face  the  per  cent, 
made  on  each  branch  and  the  general  average.  The  certificate  shall 
run  for  two  years  from  its  date,  and  the  holder  shall  be  deemed  com- 
petent to  teach  in  the  public  schools  of  the  County. 

SEC.  20.  No  certificate  of  qualification  shall  be  granted  by  any 
County  Board  under  any  circumstances  to  any  person  who  is  under 
eighteen  years  of  age. 

SEC.  21.  The  County  Board  of  one  County  may  recognize  a  certifi- 
cate issued  by  the  County  Board  of  another  County,  but  in  such  case 
they  shall  register  the  name  of  the  holder,  County  from  which  issued, 
date  and  number  of  the  certificate,  and  when  so  registered,  it  shall 
have  the  same  force  as  if  issued  in  that  County. 

SEC.  22.  Each  County  Board  shall  keep  a  register,  in  which  shall 
be  recorded  the  name,  age,  sex,  color  and  post  office  of  each  person 
to  whom  a  certificate  is  granted,  and  also  the  date  and  grade  of  the 
certificate. 

SEC.  23.  Every  claim  or  warrant  issued  by  a  Board  of  Trustees 
shall  be  signed  by  at  least  two  members  o'f  the  Board,  and  should  not 
be  approved  by  tJhe  County  Superintendent  of  Education  until  the 
Clerk  of  the  Board  of  Trustees  has  entered  it  in  a  book  kept  for  that 
purpose. 

That  no  pay  warrant  shall  ibe  issued  by  any  Board  of  Trustees  or 
approved  by  any  County  Superintendent  of  Education  in  favor  of 
any  teacher  who,  after  July  1,  1901,  uses  in  the  public  schools  of 
this  State  any  text-book  to  the  exclusion  of  the  text-book  or  books 
herein  adopted  on  the  same  'subject. 

SEC.  24.  No  teacher  shall  be  employed  by  the  Board  of  Trustees 
who  is  related  by  consanguinity  or  affinity  within  the  second  degree 
to  a  member  of  the  Board  of  Trustees  or  to  a  principal  of  a  school, 
without  the  written  approval  of  the  County  Board  of  Education,  nor 
shall  they  employ  a  teacher  holding  a  certificate  issued  by  a  County 
Board  of  another  County  until  the  certificate  has  been  duly  registered 
in  the  office  of  the  County  Superintendent  of  Education  of  their  own 
County. 

SEC.  25.  No  public  school  supplies  shall  be  purchased  by  school 
officers  for  use  in  the  public  schools  of  any  County  in  the  State  except 
such  as  are  authorized  bv  the  State  Board  to  be  sold.  The  vendors 


43 

of  all  such  supplies  authorized  to  be  sold  by  this  Board  shall  enter 
into  a  written  contract  with  this  Board,  in  which  the  prices  of  the 
supplies  shall  be  stated,  and  copies  of  the  supplies  shall  be  placed  in 
the  office  of  the  State  Superintendent  of  Education  and  the  supplies 
sold  to  the  schools  shall  at  all  times  conform  to  the  samples,  and  the 
prices  shall  not  exceed  the  prices  agreed  on.  The  County  Boards 
may  allow  or  disallow  such  supplies,  or  any  of  them,  to  be  sold  in 
their  Counties.  In  case  they  permit  the  same  to  be  sold,  they  shall 
give  the  vendor  a  written  permission  to  offer  the  same  to  the  Trus- 
tees of  their  Counties,  the  prices  of  the  supplies  to  be  named  in  the 
written  permission,  leaving  the  purchase,  or  not,  of  such  supplies  to 
the  good  judgment  of  the  Boards  of  Trustees.  In  case  the  Trustees 
purchase  any  of  such  supplies,  they  may  give  a  warrant  against  the 
school  fund  of  their  district  in  payment  therefor,  but  in  no  case  shall 
the  County  Superintendent  of  Education  countersign  or  endorse  any 
such  warrant  until  the  supplies  have  beeen  delivered;  the  County 
Superintendent  shall  hold  all  such  warrants  in  his  possession  until  the 
delivery  of  the  supplies  is  made.  All  persons  purchasing  any  such 
warrants  before  the  same  have  been  countersigned  by  the  County 
Superintendent  of  Education,  do  so  at  their  own  risk. 

SEC.  26.  All  applications  on  behalf  of  universities  and  colleges  for 
approval  of  course  of  study  by  the  State  Board  of  Education  in  order 
to  issue  a  diploma  for  the  degree  of  Licentiate  of  Instruction  shall  be 
in  writing  and  show  the  course  of  studies  pursued  in  each  year,  the 
number  of  years  required  to  complete  the  course,  the  text-books  to  be 
used  and  the  number  of  examinations  held  each  year.  (Adopted 
May  5,  1899.) 


i 


.The  colleges  whose  courses  of  study  for  the  Licentiate  Degree 
ve  been  approved  by  the  State  Board  are:  May  5,  1899,  South 
Carolina  College,  Due  West  Female  College,  Clafflin  University, 
Benedict  College.  May  A.  1900.  the  State  Colored  College,  Green- 
ville Female  College. 

SEC.  27.  In  all  cases  of  appeals  from  decisions  of  County  Boards, 
notices  oi  appeal  must  be  served  on  the  Secretary  of  the  County 
Board  of  Education,  on  die  Secretary. of  the  State  Board  of  Educa- 
tion, and  also  on  the  respondents  within  thirty  days  from  the  decision 
'of  the  County  Board,  and  all  testimony,  records  and  papers  must  be 


44 

on  file  in  the  office  of  the  State  Superintendent  of  Education  at  least 
ten  days  before  the  meeting  at  which  the  appeal  is  to  be  heard.  In 
all  appeal  cases,  the  Secretary  of  the  State  Board  of  Education  shall 
assign  an  equal  length  of  time  for  reviewing  testimony  and  argu- 
ment by  appellants  and  respondents,  and  notice  of  such  time  as- 
signed shall  be  accordingly  given  by  the  Secretary  of  the  State 
Board. 

SEC.  28.  County  Boards  of  Education  shall  require  all  public 
school  buildings  to  be  constructed  only  upon  land  deeded  to  the  Trus- 
tees in  fee  simple.  No  school  building  shall  be  aided  by  funds  under 
the  School  Improvement  Act  unless  constructed  according  to  plans 
approved  by  the  State  Board  of  Education,  and  unless  the  building 
is  found  to  be  of  first  class  material  and  workmanship,  upon  inspec- 
tion by  the  County  Superintendent  of  Education. 

SEC.  29.  State  Certificates  may  be  issued  to  teachers  who  success- 
fully complete  nine  courses  at  the  State  Summer  School,  and  County 
Certificates  may  be  issued  to  those  who  successfully  complete  nine 
courses  at  tine  County  or  District  Summer  Schools. 

RULES   AND   REGULATIONS    FOR   LIBRARIES. 

Adopted  by  the  State  Board  of  Education,  March  12,  1904. 

1.  It  shall  be  the  duty  of  the  Board  of  Trustees  to  provide  a  sub- 
stantial bookcase  before  books  are  secured,  and  to  require  the  same 
to  be  locked,  except  when  in  actual  use. 

2.  The  County  Superintendent  and  teachers  shall  give  aid  and 
advice  to  the  Trustees  in  selecting  and  ordering  the  library  from  the 
list  adopted  by  the  State  Board  of  Education. 

3.  The  teacher  shall  be  libfarian  during  the  school  terrn,  and  the 
Clerk  of  the  Board  of  Trustees,  or  some  responsible  person  desig- 
nated by  the  Board,  shall  be  librarian  during  the  vacation,  and  the 
library  may  be  moved  from  the  school  house  during  vacation,  by 
order  of  the  Board  of  Trustees. 

4.  The  librarian  shall  properly  label  each  volume,  giving  the  num- 
ber of  the  book,  the  name  of  the  school,  the  name  or  number  of  the 
district,  and  the  name  of  the  County,  and  shall  also  catalog  the  books, 
showing  number,  title,  and  cost  of  each  (book. 

5.  The  librarian  shall  keep  a  record  of  the  name  of  each  bor- 
rower, and  shall  also  record  the  number  and  title  of  each  book  loaned, 
together  with  dates  on  which  it  was  loaned  and  returned. 


Vi 


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Every  child  attending  school  shall  be  entitled  to  the  privileges 
of  the  library,  but  no  person  shall  be  allowed  to  take  two  books  at 
e  time  when  other  children  are  unsupplied. 

7.  Persons  living  in  the  community,  having  no  connection  with  the 
hool,  may  take  advantage  of  the  library  by  paying  a  fee  of  fifty 

cents  annually,  in  advance. 

8.  No  person  shall  have  the  right  to  loan  books  outside  of  his  own 
sehold,  under  penalty  of  ten  cents  for  each  offense. 

9.  No  person  shall  keep  a  book  longer  than  two  weeks,  under 
penalty  of  one  cent  a  day  for  each  day  he  may  so  retain  it. 

10.  The  librarian  shall  designate  such  books  as  may  be  of  constant 
use  in  their  school,  as  supplementary  or  reference  books,  and  these 
shall  not  be  removed  from  the  school  during  the  session. 

11.  On  the  return  of  a  book  to  the  library,  the  librarian  shall 
ascertain  what  damage,  if  any,  has  been  sustained  by  it,  and  shall 
charge  and  collect  the  amount  of  the  fine  accordingly.     If  a  book  is 

st,  it  shall  be  paid  for  in  full ;  and  any  one  refusing  to  pay  a  fine 
thereby  forfeits  further  use  of  the  library. 

12.  All  fines,  fees  and  other  such  moneys  shall  be  turned  over  to 
e  Trustees,  and  shall  be  devoted  to  the  maintenance  and  improve- 
ment of  the  library. 

13.  It  shall  be  the  duty  of  the  librarian  to  collect  all  of  the  books 
the  close  of  the  session,  and  to  make  a  report  to  the  Trustees  and 

to  the  County  Superintendent  of  Education. 

14.  The  report  of  the  County  Superintendent  shall  contain  the 
following: 

fa)   The  number  of  volumes  purchased  during  the  year. 

(b)  The  number  of  volumes  received  by  gift  during  the  year. 

(c)  The  number  of  volumes  loaned  during  the  year   (counting 
each  volume  once  each  time  it  is  loaned). 

(d)  The  amount  of  fines,  fees,  etc.,  received  during  the  year. 

(e)  Total  number  of  volumes  in  the  library. 

(f)  Total  value  of  books  and  bookcases. 


INDEX 

PAGE 

Appeals 9,    10,    18,    43,  44 

Apportionment  1-2 

Arbor  Day    33 

Area    of    Districts 2 

Buildings    35,  36 

Certificates    39,  40,  41,  42,  44 

Claims    : 25,  27,  28,  42 

Consolidation    18 

County  Board  of  Commissioners 13,  14 

County  Board  of  Education 13,  16 

County  Superintendent  of  Education 11,  12,  13,  14 

Course  of  Study  6,  10,  17 

Dog    Tax    37,  38 

Deficiencies     ^9 

Dispensary   Funds    5,   29,  30 

Districts    2,   18,   19,  20,  26 

Election  of  School  Officers 2 

I  .nrollment 11 

Kschcated    Property    4,  8 

l.xamination    10,   16,   18,  25,  40 

Funds   2,  3,  4,  17,  26,  32,  33 

Gifts  for  Schools   4,  8 

I.il.raries    34,  35,   44,  45 

Licentiate  of  Instruction    43 

Militia  Duty   28 

Nepotism    42 

Night  Schools '. 36 

Non-Sectarian    Schools    4 

Poll  Tax   26 

Printing   30 

Registers    6,  14,  42 

Reports    7,    13,    14,   24,   27,  33 

Rules   of   Order    39 

Salaries  of  School  Officers    2,   14,  15 

School    Age     2,  28 

Scholarships   11,  40 

Scholast  ic    Year     28 

Seal  14 

Separate  Schools    4,  28 

South   Carolina  Day    37 

Special    Districts    30,  31 

Special   Tax    20 

State  Board  of  Education   1,  9,  10,  11 

State  Colleges   4 

State  Superintendent  of  Kdueation    1,  6,  9 

Supplies    42,  43 

Term    28,  29 

Tod    Books    10,  31,  32,  37 

Titles  to  Lands    44 

Transfers  

Traveling  Expenses   15 

Trustees 3,  17,  tt,  B,  15,  ->»> 

Vacancies  9,  12,  22,  39 


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